Workplace Hazards

June 5, 2024

Employer Responsibilities for Workplace Safety

In Massachusetts and across the United States, ensuring workplace safety is a major responsibility for employers. Workplace injuries can have devastating consequences for employees, ranging from physical harm to financial strain. As such, employers are legally obligated to create and maintain a safe working environment, adhering to both federal regulations and state-specific laws. Understanding these responsibilities is important for both employers and employees alike.

Consider a construction site where workers are required to wear protective gear such as hard hats and harnesses. The employer’s responsibility extends beyond merely providing this equipment; they must enforce its use and regularly inspect it for defects. Similarly, in an office setting, employers must ensure ergonomic workstations to prevent repetitive strain injuries. Read on for more information about employer responsibilities and how Altman & Altman, LLP can help if you’ve been injured at work.

National Employer Responsibilities

December 8, 2023

After Work-Related Asthma Death in Cannabis Industry, Increased Surveillance is Encouraged

by Altman & Altman

As the legal cannabis industry continues to grow, so have concerns about workplace safety and health. Tragically, a work-related asthma death in the cannabis industry has brought attention to the potential respiratory hazards that workers may face.

According to the Massachusetts Department of Public Health (DPH) and the Occupational Safety and Health Administration (OSHA), the first known work-related asthma death in the cannabis industry occurred in Massachusetts last year.

In January 2022, a 27-year-old woman died from an asthma attack while working as a production technician in a MA cannabis cultivation and processing facility. She had been working for the facility for seven months and had spent three of those months processing and handling cannabis flower buds. Although this tragedy is the only reported asthma-related death in the cannabis industry to date, several cases of non-fatal respiratory disease among MA cannabis workers have also been reported.

June 22, 2022

OSHA Worksite Safety Inspections in Massachusetts

by Altman & Altman

Designed to promote employee health and safety, OSHA standards aim to reduce injuries from foreseeable hazards in the workplace. OSHA (Occupational Safety and Health Administration) regulations govern over 130 million workers at 8 million worksites across the United States. While covered employers should always follow OSHA standards, inspections happen only occasionally, such as when a severe injury occurs, someone files a complaint, or a work site has high rates of injury or is part of a high-hazard industry.

Most Common Massachusetts Workplace OSHA Violations of 2021

Each year, the federal agency publishes a list of the 10 most frequently cited OSHA standards following inspections. According to OSHA, far too many preventable workplace injuries, illnesses, and deaths are related to these top 10 standards.

July 17, 2020

On the job accidents caused from working on or near trees.

by Altman & Altman

Tree workers, whether they work on or near trees, experience a heightened risk of injury. Serious hazards in tree work include falling from trees, tree limbs or entire trees falling on workers, and injury from heavy duty machinery. The Occupational Safety and Health Administration (OSHA) takes safety precautions in tree work very seriously.

If an individual not working in any official capacity is injured by a falling tree branch, they may be able to sue the property owner if the injury occurs on private property. Property owners generally have a duty to make their property reasonably safe for those who are lawfully there. Similarly, if the injury occurred on public property you may be able to sue the local government under a theory of negligence.

The rules are a bit different when it comes to workers injured in a tree accident. Workers injured in an accident involving a tree have the same legal recourse as workers in other jobs. The primary remedy is a workers compensation claim. The system is set up as a no-fault system, meaning you do not have to prove that any of the regulations were not followed to get compensation. All you have to prove is that during the course of your work you were injured. This means even if you are partially at fault, you can be compensated for your injuries. We highly recommend contacting our experienced team of workers compensation attorneys, as insurance companies make a habit of denying valid claims and withholding money from injured parties. We know your rights, and we are here to get you what you deserve. Workers can be compensated for hospital costs and costs associates with long term damage, loss of productivity, and time way from work.

OSHA Protocol:

Assess work site for fall and falling object hazards
Have an arborist assess likely risks
Determine if rigging is necessary
Determine if workers will need to use lift
Identify and provide the proper protective equipment
Only used approved climbing equipment
Ensure the training of all workers
Workers should remain 10 feet from power lines, or else have them de-energized
Take steps to protect workers from falling objects, including establishing a drop zone
Establish a communication system between workers
Provide traffic controls
Establish emergency procedures

July 17, 2018

Work Restrictions Following an On-the-Job Injury or Illness

by Altman & Altman

If you have been injured or become ill due to a work-related accident, you may be temporarily unable to perform the necessary tasks of your job. If you have to miss work because of a work injury, you may file a workers’ compensation claim to obtain reimbursement for medical expenses, and at least a portion of lost wages.

Once you have begun to heal, your physician may clear you to return to work. In many cases, however, this return is accompanied by multiple restrictions, put in place to prevent you from further injury or illness. These restrictions may come in the form of job modification, transitional work, or alternative job duties.

Job Modification

Depending on the type and severity of your injury, rehabilitation may be required for weeks, months, or even years. Until you are fully healed, it may be impossible to perform your previous job duties at the same level. That doesn’t necessarily mean that you cannot perform them at all, however. Your employer can modify certain tasks to lower the physical strain on your body, for example. Although certain functions of your job might change with modification, the position itself remains the same. A Boston workers’ comp attorney can help you determine how to proceed if you’ve been injured on the job.

Transitional Work

If you are still unable to return to your job on a full-time basis, or at full capacity, you may be able to perform light-duty, transitional work until you are completely healed. If your employer has a position available that meets your physician’s restrictions, you may qualify for transitional work in a) your position, but with reduced hours, or b) a lower-stress position. As you heal, your hours can be increased and/or you can be returned to your regular job duties/position.

There are many positives to transitional work. Namely, it allows an injured employee to re-enter the workforce in a safe, healthy manner. However, it’s not uncommon for employers to bring injured employees back—through transitional work or job modification—too soon, in an attempt to reduce their workers’ comp exposure. The same is true of job modification scenarios. If you believe you were pressured to return to work before you were ready, and you have been injured as a result, a MA workers’ comp attorney can help you recover damages.

There are typically three parties involved with job modification and transitional work arrangements—the employee, the physician, and the employer. When all three parties are in agreement that the employee should return to work in a modified or transitional capacity, and all requirements are adhered to, these arrangements typically benefit everyone involved. There are instances, however, in which the employer believes that the employee is “milking” the situation, and that the physician is “going along with it.” In such cases, the employer may pressure the employee to return to work before he/she is ready. Continue reading

March 1, 2018

U.S. Bureau of Labor Statistics (BLS) Releases 2016 Workplace Deaths Report

by Altman & Altman

The BLS recently released a workplace deaths report revealing shocking results; fatal workplace injuries and illnesses increased by seven percent from 2015 to 2016. In fact, the 5,190 workers who were killed in work-related accidents last year accounted for the highest rate of workplace deaths since 2008. With the efforts of OSHA, and countless workplace safety campaigns popping up nationwide each year, this substantial increase is sobering.

According to the BLS, traffic incidents were the number one cause of workplace deaths, accounting for about 40 percent of all fatal work accidents. The other top causes were violence (including suicides and homicides) at 17 percent, falls at 16 percent, contact with objects and equipment at 15 percent, and exposure to harmful substances at 10 percent. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Deadliest Industries

Not surprisingly, construction and industrial workplaces ranked highest for on-the-job fatalities. The breakdown of the most deaths by industry for 2016 is as follows:

Construction
Transportation
Agriculture (forestry, fishing, and hunting)
Government
Waste management
Manufacturing
Accommodation and food services
Mining
Oil and gas extraction

Jobs with Most Fatalities

According to the BLS report, logging may be the nation’s deadliest occupation. For every 100,000 workers, there are more than 135 fatalities. The other deadly jobs include:

Fishers
Pilots
Roofers
Garbage collectors
Steel workers
Truck drivers
Farmers

Any job can be hazardous, but the jobs above pose an increased risk of serious injury or death. A MA work injury lawyer can help you obtain the compensation you deserve if you’ve been injured in a work-related accident.

How to Stay Safe at Work

According to the National Safety Council (NSC), the most common work hazards include:

Working at high levels
Chemical exposure
Electrical hazards
Forklifts
Lockout / tagout
Confined spaces

Although the above hazards cannot be altogether eliminated from certain jobs, the risk to workers can be dramatically reduced when employees are provided with proper safety equipment and training. Continue reading

October 31, 2017

Three MA Companies Reach Agreement with OSHA Following Worker Injury

by Altman & Altman

In May 2016, an employee of the Shield Packaging Co. Inc. was seriously injured when he was accidentally injected with a flammable propellant gas. The Occupational Safety and Health Administration’s (OSHA) investigation into the incident revealed that the Dudley, MA company violated multiple safety protocols. In addition to failing to provide proper training, procedures were not followed to lock the machine against unexpected startups, like the one that injured the employee.

The staffing agencies that supplied over half of Shield Packaging’s workers were also involved in the settlement agreement. Southern Mass Staffing of Worcester, and ASI Staffing Group Corp. of Leominster agreed to pay $12,222 and $12,471 in penalties, respectively. The temp agencies also agreed to develop several safeguards against future incidents, including the implementation of health and safety measures at all host companies, and the hiring of an outside safety consultant.

Shield Packaging agreed to pay $150,000 in penalties, hire an engineer to oversee the design and installation of a safety lock on the machine that injected the employee, establish a health and safety program, hire a consultant to perform a safety inspection of the entire plant, and provide documentation to OSHA that all safety issues have been corrected.

“The Shield Packaging Co. Inc., ASI Staffing Group Corp., and Southern Mass Staffing are jointly responsible for maintaining a safe work environment for temporary workers,” said Mary Hoye, OSHA’s Area Director. “These settlements will help ensure that a comprehensive safety program will be developed to protect all workers – permanent and temporary – from injuries and illnesses.” A MA work injury lawyer can help you recover damages if you’ve been injured in a work-related accident.

Lockout Tagout Procedures

When a machine unexpectedly starts, anyone working on or near the machine can be seriously injured or killed. Lockout tagout procedures are designed to protect against this type of accident. Failure to implement these procedures, as in the case above, can result in devastating consequences. Lockout tagout injuries are most common in the manufacturing industry. Those most at risk include:

Steel workers
Food processing workers
Construction workers
Chemical factory workers
Lumber workers

When failure to implement lockout tagout procedures results in injuries, the injuries are often serious. Crushed or amputated limbs are common, and getting caught in a machine can be fatal. In fact, lockout tagout violations occur with shocking frequency; they are consistently one of OSHA’s top 10 violations every year. When employers put productivity before worker safety, they should be held accountable for their actions. A Boston work injury lawyer can help you determine how to proceed if you were injured on the job.

Workplace Injury and Illness Statistics

Work-related accidents can occur in any occupation. The statistics below provide insight into the severity and frequency of this problem in the United States.

More than 4.1 million people are injured on the job annually in the US.
Of those, more than two million are injured severely enough that they miss work and require ongoing medical treatment.
About 18 people die every day from a workplace injury in the US.
Work-related illnesses and injuries cost about $155.5 billion annually.

September 7, 2017

Summer Isn’t Over Yet in MA- How to Avoid Heat Stress and Heat Stroke in the Workplace

by Altman & Altman

Thousands of workers are injured every year due to becoming overheated at work. Some even die. Although these injuries spike during summer months, heat stress and heat stroke can occur throughout the year. The good news is that most of these injuries are entirely preventable. Read on for more information about workplace heat illnesses and how to dramatically reduce your risk of serious injury and death.

The body continuously regulates its internal temperature. When a person begins to overheat, the body attempts to cool itself through the process of sweating. When the air surrounding the person is cool enough, the sweating process is generally effective. But if the surrounding air is too warm, or the person’s clothing doesn’t allow the sweat to evaporate off the skin, the situation can become quite dangerous. This is a common hazard during summer months, but it can even occur in winter if indoor work environments have poor ventilation and air circulation. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

The four main medical issues that can arise when a person overheats are:

Heat cramps: When strenuous activity is coupled with a hot environment or clothing that prohibits proper sweating, heat cramps may occur. Heat cramps can be quite painful, and often result in muscle spasms. In addition to high internal temperatures, heat cramps can also be a result of dehydration and loss of salt in the body. If you develop heat cramps, immediately move to a cool place and rest. Drink plenty of fluids; sports drinks are good for replacing both fluid and If you are still experiencing heat cramps after one hour, contact your physician.
Heat rash: When the body sweats excessively because hot environmental temperatures or restrictive clothing prevent sweat from evaporating off the skin properly, the skin may become irritated. The small clusters of red pimples or blisters are often located on the neck or upper chest, under the breasts, in the groin, and on the inside of elbows. Heat rash can be treated by moving to a cooler area, and keeping the affected skin dry. Heat rash usually clears up on its own.
Heat exhaustion: When the body becomes unable to self-regulate its internal temperature, heat exhaustion may occur. Symptoms of heat exhaustion include heavy sweating, muscle cramps, weakness, dizziness, pale skin, severe headache, vomiting, and even fainting. The skin may actually feel cool to the touch. If you experience any of these symptoms, stop working immediately, move to a cool place, remove excessive clothing, and drink plenty of fluids. If the symptoms haven’t stopped within one hour, seek immediate medical attention. Heat exhaustion can turn into heat stroke if left untreated.
Heat stroke: When a person ignores the signs of heat exhaustion, or all attempts to cool down the body have failed, heat stroke may occur. In fact, the human body can rise to an internal temperature of more than 106 degrees Fahrenheit in less than 15 minutes. At that temperature, the brain and other important organs can suffer serious damage. Heat stroke can cause permanent disability. It can even be fatal. Symptoms of heat stroke include high body temperature, dry and red skin, absence of sweat, fast pulse, severe headache, dizziness, confusion, vomiting, and unconsciousness. If you suspect that you are suffering from heat stroke, move to a cool place and call for medical attention immediately.

A MA work injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

How to Prevent Heat Stroke in the Workplace

Workers should be made aware of the dangers of working in a hot environment.
Rotations and breaks should be used to prevent workers from remaining in hot environments for extended periods.
Cool areas and access to water should be made available to all workers.
Workers wearing protective gear that doesn’t breathe should be given more breaks and shorter rotations.
New workers should be gradually acclimated to higher temperatures.
Employers should consider the heat index – not just the temperature – when determining whether it’s safe to work outside, and for how long. Extreme caution should be used when the heat index reaches 90 degrees or above.

March 29, 2017

The Real Cost of Prescription Drug Abuse in the Workplace

by Altman & Altman

According to a recent National Safety Council survey, more than 70 percent of employers nationwide report being directly affected by the misuse of prescription drugs in their workplaces. Despite this, only 39 percent of employers surveyed view prescription drug abuse as a safety threat, and even less – 24 percent – consider it to be a measurable problem. And although 71 percent of U.S. employers agree that abuse of prescription drugs is a disease that requires treatment, 65 percent consider it a justifiable reason for employee termination. A Boston injury lawyer can help you determine how to proceed if you have been terminated due to a substance abuse disorder.

The results above show the significant gap between the actual cost of prescription drug abuse for U.S. workplaces, and employer perception. The reality is that substance abuse costs American taxpayers more than $440 billion each year. Businesses suffer significant losses due to healthcare costs, low productivity, and absenteeism of workers with addictions. However, research has shown that it benefits both employer and employee when the employer helps get the employee into treatment. In fact, doing so can save the employer up to $2,607 per year. But a change in employer perception is crucial to a positive outcome. As long as 65 percent of employers feel that employee termination is the answer to addiction issues, the possibility of employer-initiated treatment programs is slim. But firing and re-hiring may actually cost much more in the long run.

Statistics From the National Safety Council Report

The following statistics about substance abuse in the workplace were revealed during the survey:

Employees with substance abuse disorders are absent nearly 50 percent more often than their peers.
Workers with substance abuse disorders miss up to six weeks of work each year.
The industries that suffer the most from substance abuse disorders include entertainment, construction, and food service businesses; these industries have twice the national average of employees with these disorders.
Female-dominated industries have a two-thirds lower rate of these disorders.
Untreated substance use disorders cost employers between $2,600 and $13,000 per worker, annually.
Workers in recovery are less likely to miss work, and have significantly lower turnover rates.
By providing assistance, employers in some industries could save more than $8,400 per worker.
The cost of healthcare for a worker with a substance abuse disorder is three times that of the cost for an average worker.

“This is a wakeup call for businesses. When it comes to addiction’s cost in the workplace, the numbers are staggering,” said Gary Mendell, founder and CEO of Shatterproof, one of the companies that contributed to the National Safety Council report. To show employers the importance of having a workplace prescription drug abuse program, Shatterproof and the National Safety Council have developed the Substance Use Cost Calculator, which allows employers to calculate how this crisis is impacting their workplace. A MA injury lawyer can help if you have been fired because of a substance abuse disorder.

“Businesses that do not address the prescription drug crisis are like ostriches sticking their head in the sand,” said Deborah A.P. Hersman, the National Safety Council’s president and CEO. “The problem exists and doing nothing will harm your employees and your business. As the tool shows, the cost of inaction is far too great.” Continue reading

March 7, 2017

Construction at Amherst College’s New Science Center Will Double As Workplace Safety Project

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) has partnered with Barr & Barr Inc, a construction management company, to use the construction of Amherst College’s New Science Center as a model for workplace safety. Barr & Barr will create a health and safety plan, establishing benchmarks and goals for subcontractors to meet or exceed.

Plan Elements

The workplace health and safety plan, which will be administered by qualified safety and health representatives, will include the following elements:

Weekly project safety discussions with subcontractors.
Quarterly safety stand-downs.
Reviews of upcoming projects.
Analysis of workplace hazards.
Evaluation of the partnership on an annual basis.

Plan evaluations will be consistently reviewed and evaluated by OSHA to ensure that training is effective. At least one representative from OSHA will attend monthly review meetings. “Our common goal is to ensure a safe and healthful working environment at the construction site and for this project. Partnerships bring together recognized best workplace practices and create success,” said OSHA’s area director in Springfield, Mary Hoye. A MA work injury lawyer can help you determine how to proceed if you’ve suffered a work-related injury or illness. If negligence played a role in your injuries, you may be entitled to additional compensation.

Strategic Partnership Program

The project, which is estimated to cost about $195 million, includes the construction of the 250,000 square foot, four-story science center. Signed in January 2017, the project is scheduled to conclude in August 2018. The Amherst project is one element of the larger Strategic Partnership Program, which OSHA established to recognize voluntary efforts of partners to eliminate serious hazards in the workplace.

“We are delighted to enter into this partnership with OSHA for the Amherst College New Science Center. It is our belief that this partnership agreement will enhance the entire team efforts to provide state-of-the-art safety programs, and will be a major benefit to the men and women building the project,” said executive vice president and chief operating officer of Barr & Barr, Stephen Killian. If you have been injured on the job, it is essential to consult with an experienced Boston work injury lawyer as soon as possible.

OSHA Worker Rights

Everyone is entitled to a safe workplace under federal law. Your employer must provide a safe workplace that is free of safety hazards and health risks. If you are concerned about the safety of your work environment, you have the right to report the issues without fear of retaliation. The following are worker rights, protected by federal law. If you feel that any of your rights are being violated, you can report your concerns to OSHA.

Workers should receive training in a language they understand.
Workers must be able to work on safe, properly maintained machines.
Workers should have access to essential safety gear.
Workers must be protected from toxic chemicals.
Workers can request an OSHA inspection at any time.
Workers can report illness or injury.
Workers may obtain a copy of their medical records.
Workers may obtain a copy of the workplace injury log.
Workers may obtain a copy of work-related injuries.
If tests are conducted to identify hazards in the workplace, workers may obtain a copy of the results.