Articles Posted in Workplace Hazards

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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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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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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Massachusetts Attorney General Martha Coakley has announced that a Lynnfield asbestos removal company has been charged with the improper removal and disposal of asbestos in Marblehead, Lynn, and Beverly. Authorities report that David Harder, Jr., age 47, and Julie Rosati, age 51, of Lynnfield, their company named AEI, and Luiz Dias, age 43, an employee of AEI, illegally removed asbestos at many different construction sites, in addition to public buildings and schools throughout Massachusetts.

Harder, Jr. and Rosati were both charged with 12 counts of violating the Massachusetts Clean Air Act, 2 counts of violating the Massachusetts Solid Waste Act, and 4 counts of Evasion of Unemployment Insurance. Harder and Dias were also charged with Filing False Statements for the Protection of the Environment, and Conspiracy to File False Environmental reports. Rosati was also charged with Filing False Statements for the Protection of the Environment.

The removal of asbestos must be performed by a licensed contractor according to the Massachusetts Department of Environmental Protection (MassDEP) rules; however, at the time of this removal, the defendants were not licensed to remove asbestos. In addition to this, they did not notify the MassDEP of the removal dates which contractors or asbestos removal companies are also required to do.

Asbestos is a natural but dangerous mineral fiber that has been commonly used for insulation and fire-retardant manufacturing because it is resistant to heat and decay. However, it can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body causing numerous lung diseases, cancers, and possibly death.

Workplace exposure to asbestos can often be found in the construction industry, the manufacturing of materials containing asbestos, and the car repair industry.

If you have been exposed to asbestos in the workplace or have become ill because of workplace exposure to asbestos, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.
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Sources:

Owners and Employee of Lynnfield Company Arraigned on Illegal Asbestos Removal and Disposal Charges, News Release, Office of Attorney General Martha Coakley, May 3, 2011
Asbestos Resources, Massachusetts Department of Environmental Protection
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As summer approaches, the Department of Labor’s Occupational Safety and Health Administration recently announced a national initiative to educate workers and their employers about the hazards of working outdoors in the heat and ways in which employers can prevent heat-related illnesses for their employees.

Secretary of Labor Hilda L. Solis said, “If you’re working outdoors, you’re at risk for heat-related illnesses that can cause serious medical problems and even death…But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message – water, rest and shade.”

Thousands of workers suffer from heat illness or heat exhaustion every year, which can quickly lead to heat stroke if not treated. Heat stroke killed over 30 workers nationwide last year. Jobs in agriculture, construction, landscaping, road-work, and airport baggage handling are some industries particularly at risk.

OSHA has taken many recent steps to ensure a cool and safe work environment for the upcoming summer. They have partnered with the National Oceanic and Atmospheric Administration (NOAA) to produce weather warnings that will issue heat alerts for workers across the U.S. OSHA has also created educational and training materials on heat illness in English and Spanish, along with their new heat illness web-page with information for employers and workers.

OSHA Assistant Secretary Dr. David Michaels said “As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat…Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness.”

As reported just last December, in Salisbury Construction Contractor Cited by OSHA Following Explosion, a Massachusetts contractor was penalized for a lack of heat guards that could lead to extensive heat exposure to their workers.

If you have been injured at work or have a question regarding a workers’ compensation case, contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department launches national outreach campaign to protect workers from heat-related illnesses, OSHA National News Release, April 26, 2011
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Western Massachusetts Electric Company (WMECO) is investigating an accident in which one of their employees was electrocuted and burned while working on electrical lines in Pittsfield, Massachusetts. A WMECO spokesperson reported that the Berkshire County man, who remains unidentified, is recovering at Massachusetts General Hospital in Boston but would not provide further information on his condition.

The employee, who is in his mid-40s, was working late Friday morning on a pole behind an empty Patriot Suites Hotel on Dan Fox Drive in Pittsfield late on Friday morning when he was electrocuted by a live circuit. According to the Pittsfield Fire Department, the worker was knocked unconscious upon being shocked and was hanging from his safety belt before WMECO coworkers and the fire department were able to lower him to the ground with a bucket truck. An ambulance then took him to the Berkshire Medical Center before he was subsequently transferred to Massachusetts General Hospital.

As safety advice for the general public, the WMECO 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, consider any line to be energized and dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, contact one of our experienced Massachusetts workers’ compensation lawyers for a free consultation.

Sources:

‘Fairly serious’ burns for utility worker, The Berkshire Eagle, April 17, 2011

Safety, Security and Lighting, Western Massachusetts Electric Co.
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Attorney General Martha Coakley has recently announced that the Boston real estate development and property management company, JM Realty Management, Inc., and President John McGrail, were found guilty of improper removal and disposal of asbestos. The Massachusetts Department of Environmental Protection (MassDEP) witnessed asbestos material at one of their construction sites and employees also complained that the company was working at three different properties containing asbestos in Lynn, Boston, and Worcester, and that the debris was later taken to dumpsters not permitted for the disposal of asbestos waste.

After these complaints to the District Attorney’s Office, an investigation was started by the Massachusetts Environmental Crimes Strike Force (ECSF), a collaboration overseen by the Attorney General, the MassDEP, and the Energy and Environmental Affairs Secretary. A serious violation of the Clean Air Act, asbestos removal and disposal is regulated by the government because breathing in the miniscule fibers can cause potentially fatal health problems and work-related illnesses, such as lung cancer and mesothelioma.

Suffolk Superior Court Judge Regina Quinlan ordered McGrail, age 44, of Boston and JM Realty to collectively pay $200,000 in fines. She also sentenced the defendants to three years probation under the condition that they do not violate federal, state or local environmental laws. The defendants were also ordered to provide all employees with asbestos training and must have an independent auditor to evaluate their environmental actions.

In addition to these environmental charges, the company also faces charges for a lack of proper tax, payroll, and unemployment insurance.

If you or you loved one has suffered from a work illness due to asbestos exposure, you may have grounds for legal action. Contact one of our experienced Boston workers’ compensation lawyers for a free consultation.

Source:

Boston-Based Real Estate Company, President to Pay $200,000 for Illegal Asbestos Removal and Disposal, Office of Attorney General Press Release, March 24, 2011 Continue reading

After citing a Danvers, Massachusetts, roofing contractor for inadequate guards to protect workers from falling, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has warned all construction employers in Essex and Middlesex counties to take safety precautions against falling hazards. OSHA cited A.C. Castle Construction Co. Inc. of Danvers for potential fall hazards at their residential job site located at 5 Collins Street, in Danvers.

Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties, said, “These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines…Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards.”

The company faces almost $61,000 in fines for 21 citations. They were charged with three repeat citations amounting to $15,200 in fines for falling hazards as high as 19 feet, along with the lack of head protection. Eighteen serious citations were issued with $45,600 in fines for numerous additional safety hazards including exposure to electric shock, frayed electrical lines, lack of head, eye, or foot protection, and for the lack of a competent person overseeing the site who should have been able to identify such hazards.

For all construction and roofing contractors, OSHA provides detailed online information on these mandatory and recommended fall hazard safety topics:

•Employers’ mandatory job to provide fall protection •Criteria and practices of fall protection systems
•Training requirements for employers and employees •Determining roof widths •Guardrail systems
•Fall arrest systems and positioning device systems, such as lifelines that should be connected to the body-belt or harness and attached to anchorage

If you have been injured on a construction site due to your employers lack of safety measures, contact one of our experienced Massachusetts workers’ compensation lawyers for advise on your case and a free consultation.

Source:

US Labor Department’s OSHA urges employers to guard against fall hazards after citing employer at Danvers, Mass., jobsite, OSHA Regional News, March 24, 2011 Continue reading

A company in Lawrence, Massachusetts, C.I.L. Inc., has been cited and charged with $49,289 in proposed fines carry out metal finishing and processes that increase metal corrosion resistance, such as anodizing and hard coat services. The U.S. Department of Labor’s Occupational Safety and Health Administration found that the company had not fixed their prior hazards cited and that workers were exposed to high chances of electrocution or shock.

OSHA first inspected the company’s plant in 2005 and then in 2007 before their most recent inspection in December of 2010. Because the company has a “higher-than-average” injury or illness rate, OSHA inspected this company under their Site-Specific Targeting Program. This program is in place to target and monitor the most dangerous companies based on injury and illness rates, employee days away from work, and transfer rates. OSHA’s most recent inspection of C.I.L. Inc. revealed that the company had not fixed their previous electrocution hazards, such as the use of extension cords in place of what should have been permanent wires. They also cited them for a repeat violation of inadequate air-flow to a paint booth. These repeat violations amounted to $26,950 in fines.

The company’s five new serious violations, amounting to $22,330 in fines, were cited for the following reasons:

• Lack of ventilation in an area where flammable materials were stored • Waste cans and other materials stored too close to paint spray booths • Cleaning hose with dangerous amount of air pressure • Electrical circuits that were not labelled • Unapproved electrical equipment in an area with flammable paints and solvents
OSHA’s Jeffrey Erskine, the Area Director for Essex and Middlesex counties, warned that, “Left uncorrected, these conditions expose employees to the hazards of fire, electrocution and electric shock…It’s imperative that the employer address these issues thoroughly to ensure their correction and prevent them from happening again.”

A repeat violation is given when an employer previously has been cited for the same or a similar violation of a standard within the last five years. A serious citation is given when there is a high chance that injury or death can result from the safety hazard.

If you have been electrocuted or injured in the workplace, our experienced Massachusetts workers’ compensation lawyers can help. Please do not hesitate to contact us.

Source:

US Labor Department’s OSHA proposes more than $49,000 in fines against Lawrence, Mass., metal finishing plant for repeat and serious safety hazards, OSHA Regional News Release, March 24, 2011 Continue reading

The Occupational Safety and Health Administration has cited PEP Direct LLC, a mailing and printing company based out of Wilton, New Hampshire, with 17 willful and serious citations for violating workplace safety protocol, accompanied by fines of $170,000.

OSHA has cited and fined this company for the following serious safety breaches of workplace safety:

· Three of their four printing presses lacked guarding to protect operators and other workers against being caught or falling into the presses and despite the employer’s knowledge
· Workers were fixing electrical equipment without training, lack of protection equipment, and were fixing live electrical equipment without first turning off the power, all resulting in possible electrocution
· Untrained industrial truck operators
Rosemarie Ohar, OSHA’s New Hampshire Area Director, said that “These conditions, left uncorrected, expose workers to potential death or serious injury from being caught in operating machinery, struck by powered industrial trucks and electrocuted. The employer must comprehensively address all these hazards to eliminate them and keep workers safe…The sizable fines proposed here reflect the breadth and gravity of the hazards found at this plant as well as the employer’s knowledge of and failure to correct some of these conditions.”

Here in Massachusetts, the US Postal Service was charged earlier this year with similar citations and $238,000 in fines for electrical hazards at their Shrewsbury mail processing facility, as previously reported in the Altman & Altman’s Workers’ Compensation Blog.

If you have been injured in the workplace, our experienced lawyers can help. Please do not hesitate to contact us for advice on a workers’ compensation case and a free consultation.

Source:

US Labor Department’s OSHA cites Wilton, NH, direct mail printer and distributor for 17 willful and serious safety violations, OSHA Regional News, March 16, 2011 Continue reading

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