Articles Posted in Workplace Hazards

Ashley Furniture Industry Inc. has been fined $1.76M because its workers have gotten hurt in over 1,000 work-related injuries in the last three-and-a-half years. Following an incident last summer when one worker lost three fingers while operating a woodworking machine, the U.S. Department of Labor’s Occupational Safety and Health Administration conducted a probe of the facility and found numerous willful, repeated, and serious safety violations.

The furniture company has also been put on the Severe Violator Enforcement Program for not addressing certain safety hazards. OSHA contends that Ashley Furniture purposely ignored the agency’s standards, as well as the company’s own safety manuals, to increase worker productivity levels. The company is accused of blaming workers for their injuries, which were actually caused by the unsafe working conditions created at Ashley Furniture.

OSHA said that the furniture maker did not act to protect workers from getting hurt by moving machine parts or prevent machines from unintentionally activating when machineries were being serviced. These kinds of violations can lead to permanent disability and death.

Under Occupational Safety and Health Administration’s rules, private-sector employers must fulfill tougher reporting requirements for injuries on the job. Now, employers have to report all work-related deaths within eight hours and give notification of any eye losses, amputations, and inpatient hospitalizations within 24 hours of discovery.

The new requirements went into effect on January 1. Employers can report an incident either by calling the closest OSHA area office, contacting the OSHA hotline, or submitting a report online.

Previous to that, employees had to notify the federal Occupational Safety and Health Administration of all workplace deaths or when at least three workers injured in the same incident were hospitalized.

Massachusetts truckers are subject to serious injuries when doing their job and not just when they are involved in a truck crash. That said, although truck drivers are often portrayed as safer than most people when involved in a collision-seated behind all that truck metal and at a more elevated height in their cab than other motorists in smaller vehicles-they they too can suffer catastrophic injuries and die.

If you or someone you love sustained such a serious injury, you should speak with a Boston workers’ compensation lawyer right away rather try settling with your employer or their insurer on your own.

While truck drivers cannot sue their employer for Massachusetts personal injury, depending on what exactly happened and who else was involved, a trucker may be able to pursue civil damages from third parties, such as the negligent other driver, the company that hired the trucker, and others.

A Fall River worker was recently killed when he was struck by a piece of construction equipment in the head. The “fusing machine” swung toward 45-year-old Paulo Matos, fatally injuring him after workers lost control of the device. At the time, the construction worker was working on natural gas lines in a road project.

Matos worked for AGI Construction, a contracting company. The state’s Department of Transportation and the Occupational Safety and Health Administration are investigating the work accident.

Please contact our Massachusetts worker’s compensation lawyers today if you or your loved one were seriously injured in an accident on the job. You typically cannot sue your employer but you should be entitled to work injury benefits. Also, other parties who were involved in the job but are not your employer could potentially be held liable if their negligence contributed to the construction accident injury or death.

Last year more than three million American employees experience a work-related injury. For employers this represented around $1 billion per week, in addition to the employees’ social costs. Aside from the financial loses, employees may also be face other disadvantages because of their injuries: if employees are off work for more than six months, they have less than a 50% chance of returning to the workforce. It is an imperative then to establish effective measures to aid employees return to work.

Instituting official return-to-work programs has proven a successful strategy in many private organizations. Firms with RTW programs are 1.4 times faster than those without one in returning the employee to work. That translates into about 3-4 weeks of a time difference. However, in spite of the advantages, not all firms –especially small ones –possess an established RTW program.

Even with an official RTW program in place, employers often face barriers to provide effective, immediate care. According to GEXEX Services, LLC, one of the nation’s largest providers of managed care services, these are the top five barriers return-to-work programs face:
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The U.S. Department of Labor’s Occupational Health and Safety Administration has fined Dollar Tree Stores Inc., $177,800 after OSHA inspectors from the Braintree area inspection office found dangerous hazards at a store in Roslindale, MA. According to OSHA reports, the Boston neighborhood store repeatedly exposed workers to dangerous conditions including blocked exits and hazards in the store’s stockroom.

“This case reflects this company’s deliberate and ongoing refusal to effectively address hazards that have been cited multiple times at their stores across the country,” Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts, said in a press release. “On his initial visit to the store, the OSHA inspector informed management of the hazards and the need to correct them. Yet, on subsequent visits, the inspector found these hazardous conditions again and again, showing an unacceptable disregard for employee health and safety.”

According to OSHA documents, the inspection was performed in December 2013. The official reportedly found that merchandise in the store’s stockroom was consistently stacked in an unstable and unsecured manner that exposed workers to crushing injuries should the stacks collapse. Additionally, emergency exit routes were blocked by store inventory, shopping carriages, a conveyor and garbage. The report also stated that the store failed to maintain a means of access to an electrical control panel so that employees could turn off the store’s electrical power in the event of an emergency.

Consequently OSHA cited Dollar Tree Stores for three willful violations, totaling $174,500 in fines. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health, according to OSHA standards. The company was also cited for one serious violation, with a $3,300 fine, for allowing trash and garbage to accumulate throughout the stockroom, creating tripping and exit hazards for the workers. A serious violation occurs 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, according to OSHA.

In OSHA’s press release, it was stated that Dollar Tree Stores has been inspected 153 times nationally over 19 years and was cited for 453 violations of OSHA standards. Within the last five years, Dollar Tree Stores was cited 51 times for the same violations being cited willfully at the Roslindale store.

OSHA’s acting regional administrator for New England Robert Hooper stated “Placing employees repeatedly at risk of serious injuries or death is serial behavior for this company, and it must change. A large employer such as Dollar Tree Stores has a responsibility to its employees to ensure safe and healthful working conditions for workers at all of its more than 5,000 locations.”
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Officials in Plymouth are scrambling to figure out what caused a scary hazardous materials incident that claimed the life of a senior custodian at Manomet Elementary School this morning. Police responded to a report of a body inside the building, but it was not immediately known if it was related the ongoing hazmat incident or if it was an unrelated occurrence. Upon investigating the death of the school employee, two police officers and another unidentified person became ill and needed to be transported to the hospital. Boston.com reports that a total of ten people, including nine school employees were taken the hospital with minor symptoms. Most had been treated and released.

It is unclear what caused the illness, and officials are investigating whether the incident is related work being done on the building, or if it was caused by another unknown source. The state fire marshal is conducting an investigation and said more information would be available later in the afternoon, but did say that chemical levels in the building appeared to be “very low.”
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It has been a well-known fact for years that some chemicals found in certain work environments can be dangerous to an employee’s health. We know that Asbestos, for example, provided excellent fire protection for homes built in the mid-20th century, but was found to be definitively linked to Mesothelioma, an aggressive form of lung cancer. We know that the chemicals found in many industrial strength solvents cannot possible be healthy to breathe in, but a recent study shows these effects may be much more significant than originally thought.

The scientific definition for a solvent is a substance, such as water, that is used to dissolve another compound-say, salt. When salt is dissolved in water, the salt is the solute in this situation, the water is the solvent, and the salt water is the end result-the solution. Chemical solvents use potent materials to break down stronger compounds. In the study authored by Erika Sabbath, a research fellow at the Harvard Center for Population and Development Studies, researchers focused on three different types of chemical solvents:
• Benzene, which is found in detergents and many types of plastics • Chlorinated solvents, which are common ingredients in industrial products such as paint strippers and dry cleaning solutions
• Petroleum solvents, commonly found in varnish.
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The Occupational Safety and Health Administration has cited Andover Healthcare Inc., a maker of coated fabrics and adhesives for the healthcare industry, for willfully exposing workers to safety hazards at its Salisbury, MA manufacturing plant.

According to OSHA documents, the company put workers’ lives at risk by exposing them to unsafe machinery. Workers were ultimately at risk for being caught in plant machinery or being crushed in said machinery. The company also faces violations for not properly training employees the lockout/tagout procedure when using dangerous machinery. The company is currently facing more than $93,000 worth of fines for two repeat violations and seven serious violations. In 2010 an OSHA investigation found that the company had intentionally put workers’ at risk-the same violations were made this month and carried fines of more than $65,000.

“It’s vital that employers develop and implement adequate lockout/tagout procedures to protect workers from moving machine parts during servicing and maintenance,” said Jeffery Erskine, OSHA’s area director for Middlesex and Essex counties. “Failure to do so places employees at risk of being caught in or crushed by machinery if it turns on during service or maintenance.” 



OSHA found workers had been exposed to struck-by and crushing hazards from damaged or insecurely anchored steel storage racks and an unmarked crane lift. Additional hazards included unguarded machinery, a defective power cord and obstructed exit access. These conditions resulted in citations for seven serious violations, with $26,200 in fines. Finally, the company was cited for two other-than-serious violations, with $2,000 in fines, for failure to record the injuries properly, which resulted in medical treatment or lost workdays.
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Woburn-based 3-D printing company, Powderpart Inc., was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration for one willful and nine serious violations of workplace safety standards. According to OSHA documents, the inspection followed an explosion and fire on Nov. 5, 2013, which inflicted third-degree burns on a company employee.

The Andover Area Office discovered that the company had failed to prevent and protect its employees from the fire and explosion hazards of reactive, combustible* metal powders, such as titanium and aluminum alloys, which are used in the company’s three-dimensional printing process.

“The fire and explosion hazards when working with titanium and aluminum are established, particularly when the materials are in powder form,” Jeffrey Erskine, OSHA’s area director for Middlesex and Essex counties said in a statement. “Just as it’s easier to start a campfire with kindling than with logs, it’s easier for a metal fire to start when you’re working with metal powder that is as fine as confectioner’s sugar.”

According to OSHA’s report, Powderpart had failed to dispose of known sources of potential ignition and follow pertinent instructions from equipment manufacturers, and did not alert the Woburn Fire Department to the workplace presence of hazardous materials. In addition Powderpart had an employee workstation and flammable powders next to an area with explosion potential.
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