Construction Accidents

August 31, 2012

Construction Worker killed on the job

In a tragic and unexpected turn, a construction worker was killed while involved with a nighttime job on a southbound highway. On Wednesday, August 29, 2012, at around 11:30 pm, Robert Parrot of Fitchburg, a 46 year old employee of Liddell Brothers Incorporated, fell sixty feet from a median gap of the elevated highway, Interstate 91, just north of Exit 7. He landed next to the train tracks below.

The site of the accident sits west of The Republican’s Main Street office and the Peter Pan bus terminal. East Columbus Avenue and Gridiron and Liberty Streets run adjacent.

Parrot’s identity was withheld until the family could be notified. But state police confirmed him as the victim on Thursday night. Rail service was temporarily interrupted and Parrot was pronounced dead at the scene. State police bear jurisdiction over state highway-related incidents. But Springfield city police provided backup units. Springfield Lieutenant David Martin affirmed that the city police were present merely to assist the state police with their investigation.

Detectives with the Massachusetts State Police Crime Scene Service Section and members of the Massachusetts State Police Detective Unit assigned to the office of Mark G. Mastroianni, the Hampton District Attorney, are carrying out an ongoing investigation. An autopsy is being performed by the State Medical Examiner’s Office. Massachusetts Department of Transportation highway administrator Frank DePaola made a statement proclaiming that changes will certainly be made if the investigation reveals any safety lapses. DePaola also asserted that safety is the Department of Transportation’s number one priority.
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January 10, 2012

U.S. Labor Department and Construction Company Settle Litigation Over Workplace Safety

by Altman & Altman

The U.S. Labor Department’s Occupational Safety and Health Administration has recently settled litigation with NER Construction Management Inc., a Wilmington masonry contractor. The construction company has agreed to pay $134,000 in penalties and make significant safety protocol changes to protect company employees against workplace accidents. According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor. At a jobsite located at Rowes Wharf in Boston, the original safety inspections were conducted by OSHA’s Braintree Area Office in January 2011. OSHA cited NER for willful and serious violations of workplace safety standards. NER employees also faced falling hazards of up to 17 feet.

According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor, NER has agreed to pay the fines and has verified that it has fixed all of the cited hazards and is now taking steps to increase workplace safety on all job sites. This new protocol includes performing a detailed hazard analysis on each job to determine fall protection safeguards for every employee on the job, providing competent personal training for all employees authorized to identify and correct fall hazards, and revising the company’s disciplinary policy to include management employees. NER also agrees to provide OSHA with a monthly report of all job sites on which it will be working for the next year in addition to copies of any external safety audits conducted over the next two years.

Marthe Kent, OSHA’s New England regional administrator, said “Whenever OSHA cites employers, we’re looking for them to not only correct specific cited hazards but also to take effective steps to prevent them from recurring…With this settlement, NER Construction Management pledges to take such steps for the safety of its workers.” Michael Felsen, the Labor Department’s New England regional solicitor, said “Our ultimate goal in litigating OSHA cases is to ensure that employers safeguard their workers against needless and potentially devastating hazards…This positive settlement both upholds OSHA’s findings and lays a foundation for future compliance by this employer, which will result in safer workplaces for its employees.” Attorney James Polianites of the department’s Regional Office of the Solicitor in Boston litigated the case.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department reaches settlement with Wilmington, Mass., masonry contractor to enhance fall protection for workers, OSHA Regional News Release, December 21, 2011
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November 11, 2011

Two Roofers Shocked at Construction Site in Bridgewater

by Altman & Altman

Two roofers at a residential construction site in Bridgewater were recently electrocuted when the ladder they were moving touched an electrical wire overhead. After a fellow construction worker called 911, emergency crews arrived to find that one of the workers, Angel Caguana, 23, of Brockton, was unconscious. Bridgewater Fire Lieutenant, Robert Mancinelli, said that Caguana was in cardiac arrest upon their arrival and the other victim, Antonio Gomes, 22, had been shocked but did not have life-threatening injuries. Mancinelli said firefighters administered CPR and applied a defibrillator to Caguana. His heart rate soon increased from zero to 120 and he started to breathe on his own. He was flown to Massachusetts General Hospital by MedFlight and his injuries were listed as serious. As a safety measure, Gomes was taken by ambulance to the Good Samaritan Medical Center in Brockton with non-life-threatening injuries. Police reported that both men work for a Brockton construction company and were installing a roof on the residence at the time of the accident.

Electrocution accidents can result from a wide variety of circumstances. Many electrocution accidents occur in the workplace and most frequently occur at construction sites, as was the case here. Because the majority of construction work involves the use or installation of electricity, construction workers are in close proximity to live wires, circuit breakers, control panels, or power lines, such as above.

Electrocution accidents can also occur from faulty wiring, or involve a faulty product, such as a hair dryer or microwave. As a safety precaution for the general public, the Western Massachusetts Electric Company recommends never to touch any downed or sagging power lines. Because it is very difficult to tell the difference between a telephone line, cable television line or electrical line, it is recommended to consider any line to be energized and thus potentially dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, it is advised to contact an experienced Massachusetts workers´ compensation lawyer.

Sources:

Worker shocked by overhead wire is revived in Bridgewater, www.boston.com, November 9, 2011
Safety, Security and Lighting, Community Safety, Western Massachusetts Electric Co.

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

by Altman & Altman

A repairman was rescued after passing out in a 14-foot deep septic pump chamber last Thursday, September 29, in West Bridgewater. The work-related accident happened just outside of a West Bridgewater car repair shop, where the repairman was fixing a broken valve. Although the sequence of events was at first confusing, officials confirmed that Williamson Electric Motor Service employee, Gus Futyma, 51, was repairing the broken valve in the septic pump chamber when he lost consciousness and became trapped. His co-worker, who is also his brother-in-law, said that he had been in the well for approximately ten minutes before complaining that he was having difficulty breathing. He then noticed that Futyma had fainted and immediately called for help.

Futyma was extracted from the hole by emergency medical personnel and was taken to a Brockton hospital, where he spent the night in intensive care. Although he was wearing a full harness that was tethered to a winch, the rescue crew had difficulty hoisting him up and had to cut a pipe to get Futyma out of the hole. West Bridgewater Fire Chief Leonard Hunt said, “Tried to pull him up…but he was a pretty heavy guy…He was unconscious at that point.” Police performed CPR on Futyma until an ambulance arrived.

Bob Tilden, Futyma´s boss and owner of the company, said that his employees continuously train for this type of an emergency. He said, “We never wanted it to happen but we train for it.” The question of why Futyma lost consciousness remains a mystery. Tilden said, “You’re in a confined space. You have no idea what’s down there.” Although Futyma was complaining that he was having difficulty breathing before he passed out and the lack of oxygen is one reason for loss of consciousness, the case continues to be investigated by authorities.

The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine exactly how the accident had occurred and whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

Repairman OK After Fainting 14 Feet Underground, TheBostonChannel.com, September 30, 2011
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OSHA Cites Somerville Commercial Laundry Service After Employee Injury

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May 24, 2011

Massachusetts Court Decision Could Influence Contractor and Subcontractor Liability

by Altman & Altman

An important decision has recently been made by a Massachusetts Chief Justice who has ruled that the wife of a deceased Massachusetts construction worker can sue the contractor who oversaw a construction site where her husband was killed and son was injured, despite the fact that the contractor has already paid workers’ compensation benefits.

In a 2005 Plum Island construction accident, Timothy Wentworth and his son were working for a subcontractor on a residential jobsite when the waterproofing material they were spraying exploded after a pilot light inside the house ignited. Timothy Wentworth died from his injuries sustained and his son, Ezekiel, sustained serious and disfiguring injuries.

The subcontractor they were working for was Great Green Barrier Co., a company from Maine that did not carry workers´ compensation insurance despite state requirements. The contractor who oversaw the job and subcontractor was Henry C. Becker Custom Building. Becker did carry workers´ compensation insurance and was thus obligated to pay benefits under Massachusetts law. Timothy Wentworth´s widow, Cheryl Wentworth, and Ezekiel, agreed to the settlements and were paid worker’s compensation by Becker in 2007.

Cheryl Wentworth also filed a civil lawsuit against Becker, accusing them of her husband´s death and son´s injuries due to the contractor´s negligence. Wentworth´s claim was initially refused as the court ruled that the accepted payment of worker´s compensation served as a release of all claims arising from the incident and that the contractor was immune from the family suing for a civil claim.

However, just this week, a Massachusetts Chief Justice has reversed the lower court´s decision and has enabled the Wentworths´ claim against the contractor to proceed in civil court. Chief Justice Roderick L. Ireland wrote in the court´s decision: “We conclude… that suits are not barred against general contractors that were obligated… to pay workers’ compensation benefits of the uninsured subcontractor’s employees… In sum, the immunity does not apply to the defendant (Becker).”

If you or your loved one suffers from injuries or death due to a work accident, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

Massachusetts Court Allows Workers’ Suit Against Contractor, Claims Journal, May 23, 2011
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May 17, 2011

OSHA Cites South Easton Contractor for Unprotected 40-foot Fall Hazard

by Altman & Altman

Folan Waterproofing and Construction Co. Inc., of South Easton, has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for nine serious violations of workplace safety standards at a Lowell jobsite. In December of last year, an OSHA inspector found a Folan worker climbing onto the roof of Immaculate Conception Church, at 144 E. Merrimack Street, directly from his aerial lift without any form of employee fall protection. After this observation, OSHA quickly began an investigation into Folan´s jobsite safety.

OSHA found that the company´s workers lacked fall protection while in or exiting the aerial lift, a faulty wire rope that they used to haul up construction materials had not been noticed or removed from use, workers were not wearing helmets, they were exposed to electric shock risks from underground electrical equipment, and the crane they were using had not been inspected at least once a year. Employees had also not received training to recognize aerial lift hazards. The contractor now faces $48,510 in fines for these safety breeches.

OSHA´s Andover area director, Jeffrey A. Erskin, said “Left uncorrected, these conditions exposed workers to falls of up to 40 feet, electrocution and being struck by a falling load…While it is fortunate that none of these employees was injured or killed, workplace safety should never be a matter of fortune, good or bad. Ensuring the safety of workers means ensuring that proper and effective equipment and work practices are in place and in use every day at every job site.”

OSHA issues a serious violation when there is a probable chance that death or serious injuries could result from a work hazard that the employer should have known about or fixed.

If you have been injured in a construction accident or work accident while on the job, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department’s OSHA cites South Easton, Mass., contractor for fall, other hazards at Lowell, Mass., job site, OSHA Regional News Release, May 16, 2011
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March 10, 2011

OSHA Produces Guide for New Crane and Derrick Standard

by Altman & Altman

The Occupational Safety and Health Administration has recently released a compliance guide to help small construction businesses adhere to an important new rule for the use and operation of cranes and derricks. The new standard, Cranes and Derricks in Construction, was introduced in August of 2010, and had not been updated since it was first issued in 1971. Since then, there have been a large number of deaths and injuries related to cranes and derricks and also significant technological improvements to the cranes, both of which the new standard aims to address. It is estimated that crane and derrick accidents are the cause of approximately 22 fatalities and 175 injuries per year.

The compliance guide that was released on Tuesday, March 8, 2011, aims to help smaller businesses understand the changes and adhere to the new standard in order to promote a safer work environment for the construction industry. Some of the updated requirements include inspections of crane parts before they are assembled and assessment of ground conditions. The guide also outlines the new requirements which include, but are not limited to:

• Crane operators will need to be officially qualified or certified as of November 10, 2014.
• Clearance distances from power lines and to protect workers against electrocution hazards.
• Use of synthetic slings when climbing tower cranes and other assembly activities, and use of approved riggers, to ensure the structural stability.
• The new standard includes equipment that was not covered or had very few requirements in the prior standard, such as floating cranes.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, said “Over the past four decades, we’ve continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations…This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents.” For the complete guide, visit OSHA’s Small Entity Compliance Guide for Final Rule Cranes and Derricks in Construction.

If you have been injured while working on a construction site or have a question about a case, feel free to contact one of our experienced attorneys for a free consultation.

Source:

OSHA issues guidance document to help small businesses comply with cranes and derricks rule, OSHA Trade News, March 8, 2011 Continue reading

March 3, 2011

OSHA Cites Two Massachusetts Contractors for Trench Violations

by Altman & Altman

Two Massachusetts contractors have been cited for similar trench violations by the U.S. Department of Labor’s Occupational Safety and Health Administration within the past week.

On February 25, 2011, the first contractor cited was A.A. Will Corp., of Stoughton, for willful and repeat violations of workplace trench safety at the Massachusetts Bay Transportation Authority’s Wonderland Station in Revere, where they were installing electrical vaults in the parking lot of the station. Prompted by complaints of an unsafe jobsite, OSHA found workers in a ditch deeper than 5 feet without collapse protection or a ladder, which is a repeat violation for this contractor for a similar situation in February 2010 at a Boston jobsite. The company faces $69,300 in proposed fines.

The second contractor cited, Trainor Construction Co., of Canton, Massachusetts, was cited on February 28, 2011, for willful and serious violations of workplace safety at a jobsite at 270 Centre Street in Boston. Upon the inspection of the jobsite, where Trainor was replacing a water main, OSHA found that a 7-7 1/2 foot trench had inadequate protection against collapse and lacked the needed bracing for an unsupported concrete structure next to the excavation. Furthermore, employees were not wearing reflective vests or bright clothes to protect them from oncoming vehicle traffic. The company faces a total of $29,000 in proposed fines.

OSHA recognizes trenching and excavating as one of the most dangerous aspects of construction because of the risk of cave-ins. Thus, OSHA requires that all trenches deeper than 5 feet need to be guarded and braced for potential collapse. Soil analysis is also important before digging starts. Additional hazards, such as underground power lines or natural gas, also need to be noted. Prior to workers entering the trench, it needs to be inspected by someone who is trained in trench safety. OSHA provides a complete overview of their trench safety requirements on their Trenching and Excavation page.

OSHA’s Area Director for Boston and Southeastern Massachusetts, Brenda Gordon, said, “An unprotected trench can become a prison or a grave in seconds if its walls cave in on workers…Employers should never allow employees into a trench until it has been effectively protected against collapse. Workers’ lives depend on it.”

Our lawyers have over 25 years of experience representing clients who have been injured on the job. Please do not hesitate to contact us if you would like a free consultation.

Sources:

US Labor Department’s OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protection at Revere, Mass., jobsite, OSHA Regional News Release, February 25, 2011
US Labor Department’s OSHA cites Canton, Mass., contractor for failing to provide cave-in protection at Boston jobsite, OSHA Regional News Release, February 28, 2011 Continue reading

February 23, 2011

Massachusetts Contractor Fined for Safety Hazards at Hultman Aqueduct Project

by Altman & Altman

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently cited a Masssachusetts contractor currently working on the Hultman Aqueduct project in Weston for repeat and serious violations of workplace safety. The Barletta Heavy Division Inc., from Canton, has been charged with a $52,500 fine for these violations.

Barletta’s previous citations were from inspections in 2008 for potential fall hazards at their jobsites at Commonwealth Pier and Ashmont Station in Boston. When OSHA inspected the aqueduct tunnel, they found similar hazards, such as an unprotected 14-foot fall and an inadequate ladder that did not reach over the edge the required three feet, making the ladder unstable. The company is charged with $37,500 for these repeated safety violations.

Furthermore, OSHA cited Barletta with three serious violations for extremely high noise in the tunnel and their employees did not have hearing protection, a lack of fire extinguishers in the tunnel, and for a live electrical panel that was exposed. OSHA issues serious citations only when there is a serious possibility that death or injury could result from a workplace hazard that the employer could have fixed. These three serious citations resulted in $15,000.

Our experienced lawyers have represented clients throughout Massachusetts who have suffered injuries due to workplace hazards for over 25 years. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Source:
US Department of Labor’s OSHA cites Canton, Mass., contractor on Hultman Aqueduct project in Weston, Mass., for repeat and serious violations, OSHA Regional News Release, February 22, 2011 Continue reading

February 11, 2011

Judge Confirms OSHA’s Citations Against Boston Contractor

by Altman & Altman

Administrative Law Judge Covette Rooney has recently ruled to uphold the U.S. Department of Labor’s eight citations for excavation violations, numerous construction hazards, and $91,200 in fines issued to a Boston contractor for insufficient work safety at a jobsite in Newton, Massachusetts. Shawn Telsi, doing business as Life Time Homes, Green Pines and/or Telsi Builders contested the citations and fines brought against him by the Occupational Safety and Health Administration (OSHA). Telsi subsequently had the case heard by Rooney, a commission administrative law judge, who found all four willful and four serious citations against the company to be valid. The citations were issued due to the lack of head protection, the deficiency of cave-in protection in a pit that was at least 14-feet deep, for not having a safe exit from the excavation, soil that was in multiple piles at the edges of the trench, and because of the risk of impalement due to protruding and unguarded steel rebar. Marthe Kent, OSHA’s New England regional administrator, said “Serious, life-threatening hazards remained uncorrected even after they were brought to this employer’s attention…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.”

Michael Felsen, the Labor Department’s regional solicitor for New England, said “Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences.” Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees.

For over 40 years, our attorneys have been representing personal injury and workers’ compensation victims. If you have a question or would like a free consultation, feel free to contact us and speak to one of our experienced attorneys.

Source:

US Labor Department secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor, OSHA Regional News Release, February 7, 2011 Continue reading