Articles Posted in Workers’ Compensation

A 45-year-old Medford postal carrier died after he collapsed while making a delivery on Friday afternoon.

James Baldassarre, of Haverhill, was found lying on the ground late Friday afternoon on Riverside Avenue. He was pronounced dead at Massachusetts General Hospital on Saturday morning. Baldassarre’s wife, Cathy, believed it was the intense heat and humidity that may have led to her husband’s death.

welder.jpgTemperatures reached the 90s on Friday, with high levels of humidity. When rescuers responded, they found Baldassarre unconscious with a temperature of 110 degrees.

Outdoor workers in agriculture, construction, public service (firefighters, postal workers, etc.), and other industries are at a great risk for heat stress, heat exhaustion, or heatstroke when they are exposed to high temperatures and humidity. Exposure to extreme heat can increase the risk of injuries for workers because often heat results in sweaty palms, fogged safety glasses, dizziness, and burns.

Heat exhaustion and heat stroke are serious heat-related disorders. Heat exhaustion is a bodily response caused by loss of water and salt in the body; usually a result of excessive sweating.

Symptoms of heat exhaustion include:

• Heavy sweating • Extreme weakness or fatigue • Dizziness or confusion • Nausea • Clammy or moist skin • Pale or flushed complexion • Muscle cramps • Elevated body temperature • Fast and shallow breathing
Workers suffering from heat exhaustion should rest in a cool, shaded, or air-conditioned area, drink plenty of water or other cool (non-alcoholic) beverages and be sprayed with water.

Heat stroke is the most serious heat disorder and occurs when the body is no longer able to control its temperature, and its sweating mechanism (used to cool the body) fails. When heat stroke occurs, the body’s temperature the body’s temperature can ride to 106 degrees or higher, and may cause permanent disability and even death if emergency treatment is not administered.
Symptoms of heat stroke include:

• Hot, dry skin or profuse sweating • Hallucinations • Chills • Throbbing headache • High body temperature • Confusion or dizziness • Slurred speech Continue reading

A New Hampshire man died on Monday from injuries he sustained after he fell off of a ladder at a residential construction site.

The roofer, 58, was working at a home in Rye, New Hampshire, when he slipped off the ladder and fell 30 feet. Rye Fire Lieutenant Ron Hordon said the man, who has not yet been identified, suffered “significant” injuries to his chest, pelvic, and abdominal areas after landing on a deck. The man was working for a roofing company at the time of the fall, and the Occupational Safety and Health Administration (OSHA) is currently investigating the incident.

Unfortunately this incident is just another example of how dangerous construction sites can be. file0002014498486%20%281%29.jpg Whether it was a misstep by the victim, a manufacturing defect with the ladder or any other circumstance that caused the fall, ultimately the roofing company may be liable. By OSHA standards, employers are responsible for providing safe work environments for all of his or her employees to prevent hazardous situations that pose the threat of serious bodily injury or death. Though the details of this situation are still vague, what can be discerned is that had proper safety precautions been taken; such as the use of a safety harness, the man’s death may have been prevented.

Carpenters and roofers incur dangerous situations on a day-to-day basis, and among these types of workers, falls are the leading cause of injury or death. In a report published by The Massachusetts Coalition for Occupational and Safety Health, out of the 32 reported work-related deaths in Massachusetts last year, 6 of them were cause by falls. Unsurprisingly construction site causalities accounted for the greatest number of work-related deaths (19%) and remained the most dangerous industry for employees to work in.
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Two workers who became trapped at the top of the Hearst Building in New York City were rescued without injury Wednesday afternoon.

Rescue crews from the New York City fire department arrived around 2:40 p.m. Wednesday to help two window washers who became suspended on the 44th floor after the metal scaffolding they were standing on buckled and gave way.
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According to officials, firefighters worked from both the roof and from a window on the 44th floor (which was level with the scaffold platform) to reach the two men. Firefighters eventually cut a 4-foot-by-4-foot panel of glass from the window and pulled the workers to safety. The men, ages 26 and 49, were both wearing safety harnesses, and neither was injured. Firefighters were also able to pull the scaffolding up to the roof, where they determined that it was the scaffolding’s motor that had failed and thus caused the incident.

Luckily both men’s safety harnesses were functioning properly and they were uninjured. However, this is not always the circumstance. Earlier last month for example, two men working at Hingham High School were injured after they both fell off of the roof’s scaffolding. While both of the men were equipped with safety harnesses, one of the men was seriously injured after his safety harness failed.

Scaffolding is used as a temporary platform that is used to help build, install, repair, or reach any surface that cannot be reached by ladder. Scaffolding incidents can occur for a number of reasons including incorrect assembly and improper manufacturing. Accidents can also happen when supports fail or collapse, when scaffolding is broken, scaffolding is wet and a worker slips and falls, or when workers are inadequately trained on how to operate equipment.

Due to the height of scaffolding, injuries sustained during scaffolding incidents are often serious and sometimes fatal. Injuries might include fractures, head injuries, broken bones, or spinal trauma that could lead to paralysis or death.
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A report done by the Government Accountability Office (GAO) found that some of the state-run occupational safety and health organization’s programs (OSHA) have failed to meet many of the minimum requirements for workplace safety.

The major issue that OSHA faces is the amount, or lack thereof, of essential staffing within their agencies. OSHA has specifically cited that they do not have an adequate number of personnel on hand to monitor and inspect workplaces, and therefore have fallen short of meeting their goals for workplace safety. file000213946750.jpg

Much of the reason for this lack of staffing comes from constrained budgets and budget cuts by the state government. In most states, including Massachusetts, OSHA is a state-funded agency that requires federal funding to operate successfully. Not only does short staffing affect safety goals, but many staff members, as OSHA stated, lack essential training and competence. OSHA’s biggest challenge is not having any control over staffing because they don’t have the resources or the power to change the state and federal funding they receive.

The GAO recommended that Congress members pass a law to compensate for inadequate staffing and to give state-run OSHA officials more authority when it comes to ensuring safe work practices. Essentially, the GAO advised that OSHA should have more of a role in assessing the needs of states’ occupational health and safety programs. That is, OSHA officials should be able to directly address issues and solve them most efficiently, rather than go through tedious chain of command to assess and solve problems.

OSHA was founded to ensure safe and healthful working conditions for employees across the nation by adopting and enforcing federal occupational safety and health standards. It is the responsibility of every employer to ensure safe working environments for all employees, and to safeguard workplaces from conditions that threaten to well-being and safety of themselves and employees. Employers have the responsibility to make sure employees are properly trained and are able to perform their job efficiently and in a way that does not pose a threat to their safety. Employers are also responsible for maintaining equipment and certifying that all tools or machinery are operating properly. If an incident does occur on their premises where an employee becomes sick or is injured or killed, the employer must accurately record the incident and notify OSHA personnel immediately.
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Massachusetts workers take note; there has been a recent study conducted that sheds new light on the frequency and prevention of amputation injuries in the workplace.

Amputations are one of the most severe and debilitating types of workplace injuries. A moment’s inattention or single misstep, as well as defective or unguarded mechanical equipment can lead to irreparable damage of a limb and result in permanent disability or even the end of a career.114545_mill_drill_machine.jpg
According to the Minnesota Department of Health, there were 5,280 non-fatal amputations in the United States (a rate of 6 per every 100,000 workers); the lowest ever recorded. The greatest number of incidences occurred in 2005, with 8,450 non-fatal amputations. The majority of these types of workplace injuries occur in manufacturing plants and more than 50% occur in construction, agriculture, wholesale and retail trade, and service industries, collectively. Not surprisingly, about 96% of amputations involve loss of a finger.

The U.S. Bureau of Labor Statistics recognized four types of hazardous exposures that can cause amputation including: machinery and workplace equipment, parts or materials that may collapse on and crush a worker, motor vehicles including forklifts and tractors, and hand tools. While this Minnesota study was national, the findings and information relate to all Massachusetts workplace employees.

Types of Hazardous Machines
Some of the most common machines that pose amputation hazards include:

• Mechanical power presses • Powered and non-powered conveyor belts • Printing presses • Roll-forming/bending machines • Sheering machines • Food slicers • Meat-cutting saws • Drill presses • Milling machines
• Grinding machines • Slitters Continue reading

This week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new initiative to help protect temporary workers from workplace injuries. The memo and plan comes after a series of reports OSHA received about temporary workers suffering serious and fatal injuries during some of the first days on the job.

The most recent fatality report was in February when a 21-year old employee was crushed while on his first day at the Bacardi Bottling Corporation. The man was not a regular employee, and was hired as temporary. Bacardi Bottling received twelve safety violations, including nine serious violations which totaled fines of $192,000 after the incident.forklift.jpg

The new memo and subsequent initiative, which OSHA has already begun implementing, acknowledged the often lack of training given to temporary workers because of their short-term status, and the need for more regular inspection of workplaces and enforcement of safety regulations on behalf of OSHA officials. The memo also acknowledged the need for regular interviewing of employees to ensure they have received the proper training in their native language, because temporary employees are often foreign and do not natively speak English.

The memo called for OSHA officials to:
1.) Do more regular inspections of workplaces to assess whether employers are complying with their responsibilities under OSHA laws.
2.) Use a new code to denote when temporary workers are exposed to safety and health violations.
3.) Assess if temporary workers have received required training in a language they understand.
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Each year thousands of workers are injured in workplace incidents around the Commonwealth. Last year alone, over 50,000 workers were injured and more than 30 were killed on Massachusetts job sites. A study published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found that construction is the most dangerous work industry and far surpasses any other industry in the amount of workplace injuries and fatalities.

Forklift accidents are one type of incident that most often occurs on construction sites, manufacturing and storage warehouses, and accounts for a great number of workplace injuries.
Accidents with forklifts can be caused by numerous factors such as unsafe workplace conditions, inexperience, or unsafe practices while operating the machinery. Accidents caused by those types of factors are almost 100% preventable if the proper safety precautions are taken.1125238_forklift_1.jpg

Some of the most common physical conditions that contribute to forklift accidents include slippery or uneven surfaces, floor and load limits, and obstructions. Slippery and uneven surfaces pose hazards such as skidding and tip over, especially when a forklift is traveling over oil, grease, water, mud, gravel, and other uneven ground conditions. It is most advised to avoid these types of surfaces whenever possible and spread material, such as sand or other absorbent material, over slick areas you cannot avoid to prevent skidding. Workers should always report unsafe conditions, and warning signs should be implemented to warn others of danger, until the area can be properly cleaned.
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A report published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found there were 32 work related deaths in Massachusetts in 2012. Though the number is lower than that of 2011 (58 deaths), the organizations are calling for change at both deferral and state levels to further prevent workplace injuries and deaths in the Commonwealth.

The Facts

According to the study, motor vehicle accidents and falls were among the leading causes of workplace death, with 5 deaths being related to transportation accidents, and 6 deaths caused by falls. Construction site fatalities accounted for 19% of the total number of work related deaths, and remained the most dangerous work industry. The average age of death was 50 years old, but individuals ranged from ages 17 years to 73 years old. Of the total number deaths, 7 individuals were firefighters, and 4 were fishermen.
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Though the number of fatalities over the past several years is “relatively low by historical standards,” there were significantly high numbers of non-fatal work injuries and occupational disease diagnoses. According to the study, 50,000 people sustained serious injuries at work. More than 300 workers died from occupational disease and 1,800 workers were diagnosed with cancer or other diseases related to workplace exposure.

The major contributing factor in the number of workplace fatalities in Massachusetts, according to the report, is a lack of funding for OSHA regulators and lack of adherence by both employees and employers to exercise necessary safety precautions on job sites. There is, according to the organizations, little enforcement of safety policies by OSHA as well as ramifications for businesses that fail to institute proper safety measures. OSHA still remains seriously underfunded and understaffed, and lacks the ability to inspect each worksite and enforce protocols at every business.
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A Framingham, MA Public Works employee was seriously hurt in an accident with a 14-inch circular blade chop saw, said Framingham Police Lt. Ron Brandolini.

The unidentified DPW water department employee, in his 20s, was working on the sewer on Woodlawn Drive when the gas-powered saw he was using kicked back and cut his left shoulder, said Framingham Town Manager Bob Halpin. He “severely cut an artery in his arm” as he was working in the trenches, said Halpin. He was conscious and communicative at the scene of the accident.

The employee climbed out of the trench on his own, and then his co-workers treated him until emergency responders arrived, using a belt as a tourniquet. “It was a harrowing experience,” Halpin said. “They basically saved his life.” Halpin described the incident to Framingham Selectmen as a “serious workplace” accident.

A medical helicopter brought the employee to Beth Israel Deaconess Medical Center in Boston for treatment. The employee was in stable condition.

Kevin Franck, Director of Communications for the Massachusetts Office of Labor and Workforce Development, said “Framingham Police Department notified the (Massachusetts) Department of Labor Standards that a worker for the Framingham Water Authority received serious injuries while working in a trench with a circular saw,” He added that “A DLS employee was immediately directed to the scene to conduct a survey of the worksite and interview witnesses and other public employees present. Our investigation will focus on whether common industry standards for safety were in place, why the accident happened and how similar accidents can be prevented in the future. DLS is tasked with looking into public sector occupational accidents and helping employers to ensure the safety of public workers.”
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A truck weighing close to 140,000 pounds rolled or slid backwards, crushing the legs of an employee of a Stoughton, MA company.

The unidentified man was working for J.F. White Contracting Co., repairing commuter rail tracks and the Shawsheen River bridges by the Lupine Road. He was attempting to attach a heavy equipment trailer to the truck. The piece of equipment was a Caterpillar 330D and low-drill attachment that was en route to another construction site about 2 miles away, said Fire Chief Michael Mansfield in a press release.

Police received a 911 call about the accident at around 11:38 a.m., Mansfield said. When police and firefighters arrived at the scene, they found the worker pinned under the tractor-trailer’s two rear tires. It took about 25 minutes to free the victim, said Mansfield. He said firefighters lifted the tractor-trailer and machinery off the man using rescue air bags.

Andover Police Lt. James Hashem said the man sustained “a severe crushing injury to his lower extremities.” Police are waiting to notify the man’s family before releasing his identity, Hashem said.

Andover Fire Rescue personnel and Lawrence General Hospital paramedics took the man from the scene of the accident to Beth Israel Hospital in Boston via Med-Flight. Mansfield said the man suffered “life-threatening injuries,” but was conscious and alert. The Med-Flight helicopter landed in the parking lot of Hewlett-Packard off Dascomb Road.

Massachusetts State Police, the Occupational Safety and Health Administration, and Andover Police are investigating the accident.

F.J. White did not comment on the incident. The company has performed substantial work on railroad tracks around Massachusetts, having rebuilt the bridge over the Merrimack River from Haverhill to Bradford.
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