Articles Posted in Work Injury

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The U.S. Labor Department’s Occupational Safety and Health Administration has recently investigated a workplace accident in which an East Boston, Massachusetts, painting contractor´s employee suffered from paint fumes in a confined space while working at a job at the Senesco Marine LLC shipyard in North Kingstown, Rhode Island. The employee was spray-painting the interior of a tugboat and subsequently became unconscious in the confined space. The worker was rescued by the North Kingstown Fire Department.

The company, AMEX Inc., now faces $72,900 in proposed fines and was cited for 13 alleged violations of workplace and confined space safety violations. Working in a confined or enclosed space can result in a greater risk of fatalities, severe injuries, illnesses, and fume inhalation, such as the case here. During their investigation, OSHA found that AMEX did not abide by the required safety precautions for working in a confined space. The company did not properly check for hazardous conditions inside the confined space, did not test the atmosphere for toxic or flammable vapors before the worker entered, and did not provide confined space training for employees working in the space. The contractor also failed to supply the workers with sufficient respiratory protection or safe ventilation equipment.

Twelve of the violations were listed as serious and one was an other-than-serious violation due to an incomplete worker injury log. OSHA issues a serious violation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. An other-than-serious violation is issued when the violation has an impact on workplace safety and health, but would most likely not result in death or serious physical harm, such as a serious violation.

OSHA´s area director, Patrick Griffin, said “This could very easily have been a fatality…Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces. No worker should ever enter a confined space until the atmosphere has been tested, proper respiratory protection is supplied and used, and adequate rescue procedures are in place.”

AMEX Inc. has 15 business days from the day that they received these citations and proposed monetary fines to agree with, or contest, these workplace safety violations with the Occupational Safety and Health Review Commission.

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’s OSHA proposes $72,900 in fines for East Boston, Mass., painting contractor for violations at North Kingstown, RI, shipyard, OSHA Regional News Release, December 1, 2011
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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.

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A city employee was killed when he was working on a traffic light in Quincy last week. An 18-wheeler truck reportedly hit the bucket truck that Robert DeCristofaro, 58, of Braintree, was working in. Authorities confirmed that it was the impact of the accident that caused him to fall out. He was quickly taken to the Boston Medical Center where he was shortly pronounced deceased.

The Quincy Police Department and the Norfolk District Attorney’s Office both confirmed that the victim was a city employee, but was working in a rented truck. The accident occured at the intersection of Washington and Chubbuck Streets at approximately 10 A.M. on Tuesday morning. The driver of the tractor trailer stopped his vehicle at the scene of the impact and remained in place. Details of the accident are yet to be uncovered and there is confusion over sequence of events. Quincy Police Lt. Jack Sullivan said “Who hit whom where is being determined,” and commented that it was unclear whether the worker was accompanied by another city employee or with a local police detail. He confirmed that a thorough investigation was under way.

District Attorney Michael W. Morrissey said “The chief of our motor vehicle homicide unit is on the scene, and we are working closely with the Quincy Police Department and investigators from the Massachusetts State Police…It is an active and ongoing investigation.” He also commented, “This is a terrible day for the city of Quincy and for his family.”

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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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The Occupational Safety and Health Administration has recently cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company’s Middleton plant. The explosion injured four of their workers. As reported in Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation, the company claimed that the explosion was due to open valves that let flammable gas permeate throughout the building. The company, an adhesives manufacturer, faces a total of $917,000 in proposed fines and 50 citations.

OSHA’s inspection identified numerous serious problems in the company’s process safety management (PSM) program, safety requirements and procedures which employers must follow when dealing with chemical hazards. On the day of the explosion, a valve on a transfer line was accidentally left open, which led to the release of flammable acetone vapors. The vapors then exploded after they were ignited by an undetermined source.

Jeffrey A. Erskine, OSHA’s area director for northeastern Massachusetts, said “In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions…Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life.”

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said “The requirements of OSHA’s PSM standard are stringent and comprehensive because the stakes are so high…Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion.”

OSHA issued Bostik with nine willful citations and with $630,000 in proposed fines because OSHA found that the company willfully knew that their process safety management program was incomplete. OSHA issues a willful violation when it is committed with intentional knowing or voluntary disregard for the law’s requirements, or with disregard to worker safety and health.

OSHA also issued Bostik Inc. with 41 serious citations and $287,000 in fines, for numerous other safety violations ranging from an insufficient emergency response plan, inadequate training for employees required to respond to fires, obstructed exit access, and electrical hazards. OSHA issues a serious violation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Bostik´s workers´ compensation carrier is the Illinois National Insurance Company.

If you have been injured in the workplace, it is best advised that you contact an
experienced Massachusetts workers’ compensation lawyer.

Sources:

US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion, OSHA Regional News, September 13, 2011
Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release
Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration
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A Massachusetts Appeals Court has recently ruled that two employers can be held jointly responsible for an injured employee´s workers’ compensation benefits, despite them each having classified the worker as an independent contractor.

In Leo Whitman’s Case, No. 10-P-71, Sept. 6, 2011, the court affirmed an earlier decision by the Industrial Accident Reviewing Board within the Department of Industrial Accidents by ruling that the claimant was an employee, not an independent contractor, for both of the businesses he was working for at the time of his injury. Leo Whitman, a construction worker whose specialty was installing drywall, had been working for approximately three years for two redevelopers, Stephen Sarcia and John Citrano. Each purchased, refurbished, and resold delapidated residential properties. The two men also introduced Whitman to Anthony Pace, the owner of PPM, a redevelopment company that also hired Whitman to work on condominium residences.

During this time period, Whitman continued to work for Sarcia and Citrano, whom he thought of as partners, and from PPM. Whitman viewed them collectively as “a group” because of their continuous supply of full-time work for him, according to the court papers. Throughout 2004 and 2005, Whitman worked for PPM in addition to Sarcia and Citrano at 10 different building sites. According to court documents, Whitman thought of Sarcia and Citrano as partners and he thought of Sarcia, Citrano, and PPM, as “a group” because of their continuous supply of full-time work for him. At the rate of $250 per day for five to seven days per week, Whitman was given daily assignments and was paid weekly by checks addressed to him individually. The payments were his sole income and Whitman did not submit a bid or sign a contract related to his work.

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A fire in which an employee was badly burned at Monro Muffler Brake Inc. in Hyannis on February 2nd prompted an investigation by the Occupational Safety and Health Administration (OSHA). OSHA has since charged Monro Muffler Brake Inc., a company from Rochester, N.Y., for 10 alleged violations of workplace safety and $184,000 in proposed fines.

The fire began after a spark from an acetylene torch caught fire to an open container of gasoline. OSHA’s inspection revealed that the fire hazards which workers were exposed to included the open container of gasoline, combustibles within the area where the acetylene torch was being used, an unsafe light fixture in a hazardous location and an overall employee lack of training for fire extinguishers. In addition to these fire hazards, employees were found to be smoking inside the perimeter of the automobile service area where fuels were being drained and where auto parts with fuel were being replaced. OSHA also found that there was not enough lighting in the work area, there were exposed electrical wires, they did not have an eye flushing station or protective eye gear, and their employees lacked safety information about the types of chemicals in use at the workplace.

Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts, said, “This is exactly the type of incident and injury that results when an employer fails to comply with common-sense and legally required safeguards for workers…To prevent such occurrences and protect the safety and health of its workers, the employer must ensure that safety and health requirements are met and maintained at all times at all of its locations.”

The Massachusetts work injuries of Altman and Altman have decades of experience in dealing with injuries caused in the workplace as a result of OSHA violations. These cases can sometimes become quite complex, we have access to the finest experts in the commonwealth, and often times have to use them on cases like this.

Monro Muffler Brake was fined a $70,000 fee and charged with one willful violation for the fire hazard of smoking. OSHA issues a willful violation if the employer has “voluntary disregard” for the law’s requirements or for their workers´ safety and health. They were also issued three repeat violations and $80,000 in fines for the lack of fire extinguisher training, the lack of chemical and eye guards. OSHA issues a repeat violation exists when an employer previously has been cited for the same or similar violation within the past five years. In 2009 and 2010 the company was cited for similar safety hazards at their locations in Victor, N.Y., and Norwich, Conn., locations. For the remainder of the safety hazards found during their investigation, OSHA fined the company $34,000 and issued six serious violations. A serious violation is issued if it is likely that an employee could die or experience serious harm from a safety hazard which the employer knew about or should have known about.

If you have been injured in a Massachusetts workplace, it is generally the best advice that you contact an experienced Massachusetts workers’ compensation lawyer. Our attorneys have decades in handling workers compensation cases along with any third party component of the case. If you are not sure what to do about your case, give us a call for a free consultation.

Source:

US Labor Department’s OSHA cites Monro Muffler Brake after worker injured in fire at Hyannis, Mass., location; proposed fines total $184,000, OSHA Regional News Release, August 1, 2011
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A trash collector has died after falling off the back of a trash truck and was run over by the vehicle in Methuen. On the morning of July 12, Keimani Bell, 28, from Dorchester, was working for F.W. Russell & Sons of Somerville, when he grabbed a trash bag from the street, lost his footing off the back of the truck, and fell underneath the vehicle. The truck was backing up at the time of his fall and Bell was subsequently run over. Spokesman for District Attorney Jonathan Blodgett, Steve O’Connell, confirmed that the worker was pronounced deceased at the scene of the work-related accident shortly before 11:30 a.m. O’Connell said the Bell “slipped off the back of the truck as it was going in reverse.”

John Mariano, a witness who lives on the street, commented that he saw the worker at the rear of the truck grab a trash bag off the street, lose his footing, and then fall backwards underneath the trash vehicle. Mariano said, “The worst part was when I saw him roll under the truck … The driver didn’t know he was under the truck. If he had known he was there, he would have stopped.”

The company has provided trash collection services in Methuen for the past six years. O’Connell said there was no indication that the accident was in any way intentional and that no charges have been filed. The name of the trash removal vehicle driver has not yet been released. The city’s public works director, Raymond DiFiore, who oversees the city’s trash collection, commented that he could not remember any accidents involving F.W. Russell & Sons trash trucks in the past six years since they had been employed by the city.

The accident is being thoroughly investigated by local police and state troopers who specialties are accident reconstruction and truck safety, in addition to troopers from District Attorney Blodgett’s office. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated.

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

Sources:

Trash collector dies after being run over by truck in Methuen , The Boston Globe, Eagle Tribune, July 13, 2011
Trash collector dies after fall from truck, The Boston Globe, July 14, 2011
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In a July 5th work-related accident, a 58-year-old street sweeper from Penacook, New Hampshire, was killed in his street sweeping vehicle at an intersection in Norwood, Massachusetts. According to David Traub, spokesman from the Norfolk County District Attorney’s Office, the street cleaner, Patrick J. MacDonald, was killed after getting trapped in the street sweeping machinery. David Procopio, State Police spokesman, said that MacDonald appeared to have been doing repairs on the machine when he became entangled into the container that holds debri.

Norwood Fire Department spokesman George Morrice confirmed that paramedics who arrived at the scene pronounced MacDonald dead. The State Police Collision Analysis and Reconstruction team were called to the scene to investigate. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews, record reviews, and any required testing.

OSHA Spokesman Ted Fitzgerald said that if the administration did find that the accident occurred due to safety violations, then the company would be cited and likely fined. If a violation is cited as serious, the fine could be up to $7,000. OSHA issues a serious violation when death or serious physical harm could likely result from a hazard that the employer should have known about and failed to fix. If the violation is cited as a willful violation, the fine to the company could be up to $70,000. OSHA issues a willful violation, the most serious of violations, when the employer knows that a hazardous situation exists and intentionally makes no attempt to fix it. MacDonald was working for an Everett-based sweeping company called Bay State Sweeping.

Although this fatal accident is still under investigation, many questions arise from the circumstances of the accident as it could have occurred due to operational error or due to a hazard that the employer could have prevented, such as a lack of training. Another possibility is that the sweeping machine malfunctioned, entitling the deceased family to a Massachusetts Defective Products Liability Lawsuit. There are many unknowns about this case. From afar, there may be a defective product claim, but that would likely require the hiring of an expert or numerous experts. The issue of proper training is another avenue that an attorney will look at to see if that may have contributed to the accident. Additionally, knowing if that machine had similar problems in the past or any other operational issues in the past would be important, just as knowing when the last time that machine was inspected. These are just a few issues an attorney would look at. There may be many others that are not apparent right now but may be important as the investigation unfolds.

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

Sources:

Worker killed in street sweeping accident in Norwood, The Boston Globe, July 5, 2011
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Royal Institutional Services Inc., a commercial laundry service in Somerville, has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration after a mechanic had his hand compressed by an ironing machine on January 26. The company faces four alleged violations of workplace safety standards and a proposed fine of $49,935.

After learning of the incident in which the employer was lubricating a chain on the iron that was not turned off, OSHA opened its inspection into the company´s workplace safety. They found that not only had the machine been powered at the time of the accident, but that it´s power source was not locked out before the mechanic began his maintenance. OSHA standards require “Lockout/Tagout (LOTO)” procedures which protect employees from the unexpected startup of machinery and equipment when a machine is being serviced or maintenanced by completely powering off the energy to the machine.

OSHA also found that employees who were authorized to work on the machine were not properly trained or monitored to make sure that they knew how to operate the machines and manage their energy.

OSHA’s area director for Middlesex and Essex counties in Massachusetts, Jeffrey A. Erskine said, “It’s not enough for an employer to have a hazardous energy control program in place. It must be effective, and authorized employees must be effectively trained so they will understand and safely utilize proper procedures…Failure to do so can result in serious injury, such as occurred here.”

Because OSHA had previously cited the company for a lack of energy control procedures in March of 2006, Royal Institutional Services was given a repeat violation with a fine of $35,000 for this similar violation. They were also given two serious violations with $14,000 in fines for the lack of proper training and one violation for the lack of written lockout procedures for a machine with a fine of $935.

OSHA issues a repeat violation when an employer has previously been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA issues a serious violation when death or serious physical harm could likely result from a hazard about which the employer should have known about or knew about and failed to fix.

The inspection was conducted by OSHA´s Andover Area Office and the company has 15 business days to respond to OSHA or contest the charges to the Occupational Safety and Health Review Commission.

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:

US Labor Department’s OSHA cites Somerville, Mass., commercial laundry for safety hazards following worker injury, OSHA Regional News Release, June 28, 2011
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