Articles Posted in Workplace Safety

It was forty years ago that the Occupational Safety and Health Administration was founded on April 28, 1971. The Occupational Safety and Health Act was signed by President Nixon in December of the previous year, marking a starting point for healthier workplaces and a decrease in workplace deaths and injuries in the United States. The Occupational Safety and Health Act of 1970 requires that employers are responsible for providing a safe and healthy environment for their workers. OSHA’s task is to establish these standards of workplace safety, enforce them, and provide the training and education needed for a safe workplace.

In honor of OSHA’s anniversary and as a commemoration of their progress over the past forty years, the public is invited to visit an online timeline of the organization’s history. Assistant Secretary of Labor for OSHA, Dr. David Michaels, said “We hope you will join us in this anniversary year as we recognize OSHA’s accomplishments and reaffirm our dedication to the agency’s mission,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America.”

Here in Massachusetts, workers’ compensation acts and workplace safety standards were established as early 1911. Massachusetts has helped to pave the way for other states to adopt worker compensation laws and safer workplaces.

Throughout the Boston area and greater Massachusetts, our experienced Boston lawyers have represented workers’ compensation clients who have suffered injuries due to workplace hazards. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Sources:

OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America, OSHA Trade News Release, February 24, 2011 Continue reading

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently cited a Masssachusetts contractor currently working on the Hultman Aqueduct project in Weston for repeat and serious violations of workplace safety. The Barletta Heavy Division Inc., from Canton, has been charged with a $52,500 fine for these violations.

Barletta’s previous citations were from inspections in 2008 for potential fall hazards at their jobsites at Commonwealth Pier and Ashmont Station in Boston. When OSHA inspected the aqueduct tunnel, they found similar hazards, such as an unprotected 14-foot fall and an inadequate ladder that did not reach over the edge the required three feet, making the ladder unstable. The company is charged with $37,500 for these repeated safety violations.

Furthermore, OSHA cited Barletta with three serious violations for extremely high noise in the tunnel and their employees did not have hearing protection, a lack of fire extinguishers in the tunnel, and for a live electrical panel that was exposed. OSHA issues serious citations only when there is a serious possibility that death or injury could result from a workplace hazard that the employer could have fixed. These three serious citations resulted in $15,000.

Our experienced lawyers have represented clients throughout Massachusetts who have suffered injuries due to workplace hazards for over 25 years. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Source:
US Department of Labor’s OSHA cites Canton, Mass., contractor on Hultman Aqueduct project in Weston, Mass., for repeat and serious violations, OSHA Regional News Release, February 22, 2011 Continue reading

W.R. Grace, the chemical company that is accused of asbestos contamination throughout the United States, will pay over $800,000 and will continue cleaning their nine contaminated sites in Massachusetts. Attorney General Martha Coakley’s Office, who made the claims on behalf of the Massachusetts Department of Environmental Protection (MassDEP), has recently approved the settlement with W.R. Grace. The company will have to pay MassDEP $700,298, including 4.19% interest, and $105,582.97 with 4.19% interest for past clean-up costs.

After hundreds of thousands of lawsuits involving past employees and people living near their plants who were exposed to asbestos, W.R. Grace filed for bankruptcy in 2001. Attorney General Coakley said: “W.R. Grace has the means to pay its environmental liability to the Commonwealth and perform cleanup actions at its contaminated properties…We are gratified that the bankruptcy court agreed it would be wrong to allow Grace to walk away from its responsibilities.”

The nine contaminated sites throughout the state are: the former Zonolite Plant in Easthampton, the Daramic Plant in Acton, the Cambridge Plant in Cambridge, the Knox Trail site in Acton and Concord, a pipeline alongside the Massachusetts Military Reservation in Sandwich, the Acton Superfund site in Acton and Concord, the Wells G&H Superfund site in Woburn, the Blackburn & Union Privileges Superfund site in Walpole, and the Sutton Brook Superfund site in Tewksbury.

Asbestos is a natural mineral fiber that has been commonly used in manufactured products such as building construction materials for insulation and as a fire-retardant. Asbestos is resistance to heat and decay but can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body for years causing numerous lung diseases, cancers, and possibly death.

Workplace exposure of asbestos can be common among people who work in mining industries, and industries that make or use asbestos products on a regular basis. Asbestos exposure at work is most often found in the construction industry (especially when building demolition or renovation jobs are involved), the manufacturing of materials containing asbestos (such as insulation or tiles), and the car repair industry, especially if repairing brakes or clutches.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or illnesses because of unsafe work conditions. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Sources:

AG Coakley’s Office Will Recover Over $800,000 From W.R. Grace in Bankruptcy Proceedings, W.R. Grace Also Commits to Perform Ongoing Cleanup of Contaminated Sites
, Office of Attorney General Coakley Press Release, February 15, 2011
Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection Continue reading

The Beverly facility of the Northeast Hospital Corporation faces up to $63,000 in fines for serious and repeat violations of electrical hazards. After a hospital employee brought the workplace hazards to the attention of authorities, the Andover Area Office of the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an inspection in which they found that there was a high potential for employee electric shock, resulting in four serious citations and $28,000 in fines.

Reasons for OSHA’s citations included:
• Employees lacked protective guards while working on energized electrical equipment
• Electrical protective equipment was not tested regularly • Electrical safety practices were not used • Procedures not implemented to control hazardous energy while replacing breakers

Additionally, OSHA issued a repeat citation and a fine of $35,000 for dormant openings in electrical panels and cabinet motor control centers that should have been closed, as previously cited in May of 2010, but were not yet fixed. Jeffrey Erskine, OSHA’s Area Director for Essex and Middlesex Counties said, “Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here…it is vitally important for the safety and well-being of employees working with electricity that they be properly trained and equipped with effective protective equipment.”

OSHA issues such citations when it is likely that death or a serious physical injury could result from a hazard that the employer knew about or should have known about. Under the Occupational Safety and Health Act of 1970, employers are responsible for ensuring safe and healthy workplaces for their employees.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries because of inadequate workplace safety. If you have a question in regards to an electric shock or workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Source:

US Department of Labor’s OSHA cites Northeast Hospital Corp. for failing to protect workers against electrical hazards at Beverly, Mass., facility, OSHA Regional News Release, February 14, 2011 Continue reading

The Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor recently withdrew two separate proposals that are key to safety at the workplace. On January 25, the agency temporarily withdrew a proposed regulation that would have reinstated a column on work-related employer logs that would have required employers to record their workers’ musculoskeletal disorders (MSDs). Likewise, a proposal to rehabilitate the workplace standard of loud noise hazards, possibly resulting in hearing loss, was also withdrawn earlier in the month.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health,
stressed that although MSDs are the most common amongst workplace injuries, “it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community.” OSHA and the U.S. Small Business Administration’s Office of Advocacy are scheduled to hold a meeting with small businesses from across the country via telephone and/or a Web forum about this proposal.

In regards to the withdrawn noise standard proposal, Michaels commented that although hearing loss caused by loud noise in the workplace is a significant problem, he stated, “it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated…and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.” The Bureau of Labor Statistics reports that in 2008, noise hazards in the workplace caused over 22,000 workers to have partial or permanent hearing loss.

Michaels has confirmed that OSHA is committed to each of these issues and continues to investigate ways to prevent hearing loss for workers in addition to having workplace injuries reported in a more detailed and thorough manner.

Sources:

US Labor Department’s OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses, OSHA Trade News Release, January 25, 2011
US Department of Labor’s OSHA withdraws proposed interpretation on occupational noise, Agency examines other approaches to prevent work-related hearing loss, OSHA Trade News Release, January 19, 2011 Continue reading

Multiple roofs in Massachusetts have recently collapsed with the downpour of snow over the past few days. In Easton on Wednesday, the roof of a commercial building collapsed with workers inside the structure. All of the workers in the building escaped unscathed. Also on Wednesday, at the Norwood Airport, a hangar partially collapsed at Swift Aviation Services. Several aircrafts were damaged and one worker was trapped inside the hangar for a short time.

On January 28th, in Stoughton, the roof of an empty commercial building collapsed, damaging also four neighboring commercial buildings. Although the building was already scheduled for repairs due to an earlier fire, the heavy accumulation of snow on the roof was the partial reason for this collapse.

With more snow and freezing rain forecasted over the next few days, the State is taking measures to ensure the safety of all workers, and the Massachusetts Emergency Management Agency is recommending that all property managers and building owners safely clear the snow off of their commercial roofs as soon as possible. MEMA Acting Director, Kurt Schwartz, warns that “Flat, commercial roofs are most susceptible if they are not draining properly.” Because the snow is now turning into freezing rain throughout New England, the rain and ice will soak into the existing snow, making a roof even heavier and more vulnerable to a structural collapse.

Sources:

Workers Escape Ahead of Mass. Building Collapse, The Boston Globe (www.boston.com), February 2, 2011
MEMA warns people to clear snow off their roofs, New England Cable News (www.necn.com), February 2, 2010
Roof Collapse & Storm Drain Safety Information, Massachusetts Emergency Management Agency Continue reading

The Occupational Safety and Health Administration (OSHA) recently revised its National Emphasis Program (NEP) on Microwave Popcorn Processing Plants in order to reduce worker exposure to the chemical diacetyl.

Diacetyl is a chemical used to add flavor and aroma to food and other products. Some workers who breathe diacetyl on the job have become disabled or have died from severe lung disease. Recent studies show that certain diacetyl substitutes, such as 2,3-pentanedione, have produced similar health effects as diacetyl, and therefore, may also cause harm to workers.

Illnesses and death from these chemicals are preventable and this revised directive will help ensure that employers use necessary measures to protect workers from this hazard, ” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

On Monday, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued JE Amorello Inc. willful and serious citations for exposing workers to trenching hazards at a Quincy worksite.

OSHA’s inspection found Amorello employees working in a trench deeper than 8 feet that lacked proper shoring or sloping of its sidewalls to prevent them from collapsing onto the workers. Investigators also found that the trench did not have a ladder so workers could swiftly exit the trench, and that bricks and excavated material were stored at the edge of the trench wall.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. “Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts.

The Worcester, Mass., contractor faces a total of $20,020 in proposed fines.

Source:
US Labor Department’s OSHA cites Worcester, Mass., contractor for failing to provide cave-in protection at Quincy, Mass., jobsite , Newswire.com, January 10, 2011 Continue reading

The The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) ended the year with a refreshed perspective on roofing worker safety, opting to replace the Clinton-era safeguards with a more robust directive to protect against falling accidents during residential construction jobs.

According to Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels, “Fatalities from falls are the number one cause of workplace deaths in construction.”

The Bureau of Labor Statistics reports that an average of 40 workers are killed each year as a result of falls from residential roofs, and one-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections.

OSHA’s new directive requires that all residential construction employers comply with 29 Code of Federal Regulations 1926.501(b)(13), which will no longer allow certain employers to use alternative methods of fall protection in lieu of conventional fall protection. To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

Source:
US Labor Department’s OSHA acts to protect residential roofing workers, U.S. Department of Labor News Release, December 22, 2010 Continue reading

Contractors in Reading, Tewksbury, and Wakefield have been cited by the Occupational Safety and Health Administration for alleged safety violations. The proposed fines attached to these citations total $154,700. The bulk of the proposed fines were from issues such as cave-in and ladder hazards.

OSHA began investigating in June when an agency official noted employees working in an unprotected 8-foot deep excavation that did not have a ladder or other means of escape. OSHA standards mandate that excavations 5 feet or deeper must be protected against collapse. The contractors were working on installing a grease trap and piping for a supermarket in Salem, New Hampshire.

The Occupational Safety and Health Act of 1970 makes employers responsible for providing safe and healthful workplaces for employees. In cases where a worker is injured on the job as the result of employer negligence, there may be ground for filing a work injury claim.

Source: US Labor Department’s OSHA cites 3 Massachusetts contractors for cave-in hazards at Salem, NH, jobsite, MMDNewswire.com, December 9, 2010 Continue reading

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