Workplace Safety

February 28, 2014

Massachusetts Office Accidents Can Cause Serious Boston Work Injuries

An office setting can be rife with potential safety hazards. Yes, sitting behind a desk is definitely safer than hauling lumber at a construction site, but don’t think Boston injury accidents still don’t happen. If you were injured at the office, please contact our Massachusetts workers’ compensation law firm today. You may want to explore your options.

Common Office Accidents:

• Fall accidents are the most common kind of office accident (includes slip and fall accidents, trip and fall accidents, step and fall accidents, and other falls.) According to the Centers for Disease Control and Prevention, office workers are at least two times likely to sustain a disabling injury in this type of incident. Common causes include wet floors, poor lighting, bending or reaching for an object while in an unsteady chair, electrical cords on the ground, an open drawer, uneven flooring, objects left on the floor, or standing on a chair instead of a ladder, and dark hallways and stairwells.

February 7, 2014

OSHA Cites Packaging Corporation of America For Repeat Safety Hazards After MA Plant Inspection

by Altman & Altman

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited the Packaging Corporation of America for two repeat violations of workplace safety standards following an inspection of the company’s Chelmsford, MA manufacturing plant. The company is now facing up to $66,000 in potential fines.

OSHA spokesperson Jeffrey Erskine stated that, “While no injuries occurred, the potential for serious injury was evident.” Specifically, OSHA inspectors found that plant workers were exposed to crushing, struck-by and caught-in machinery hazards while setting up a press. Inspectors also found that operating procedures-shutting down and locking machines’ power sources-were not followed, and workers were at a high risk for being caught in operating conveyer belts on the same machine that lacked protective guarding.

Similar violations had been found in the company’s Opelika, AL location, therefore OSHA cited the company for a repeat violation.

OSHA’s hazardous energy control standard requires machines to be powered off and their power sources suspended before conducting maintenance services to avoid injury and fatalities should the machine once again become powered on. The machine-guarding standard requires that machine-operating parts be guarded to protect caught-in hazards.

Packing Corporation of America, which is based in Illinois, had 15 business days from the receipt of its citations and proposed penalty to comply, meet with OSHA’s area director, or contest the findings before the OSHA Review Commission.

While luckily there were not any worker injuries in this case, this situation demonstrates a lack of oversight on behalf of the Packaging Corporation of America to keep its workers safe. According to OSHA standards, employers have a legal responsibility to ensure that a safe workplace is provided to all of their employees.
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October 17, 2013

Worker Fatally Injured at 49ers Stadium Construction Site

by Altman & Altman

A delivery truck driver died on Monday after he was crushed by a steel rebar being unloaded at the new 49ners stadium construction site.

The victim, Edward Lake II, 60, died as he was unloading a bundle of rebar set to be used in the construction of the new $1.2 billion stadium. Both state and local authorities investigated the incident, and the lead construction manager halted work on the project for the remainder of Monday. The death is the second to take place at the site in four months. According to the contractor, employees would resume work on Tuesday and take part in safety meetings and be offered counseling.

It is unclear whether OSHA will cite the contracting company for the incident. The prior fatal incident, according to OSHA investigators, did not warrant a formal citation as the incident was deemed “unexplained.”

More than 4,000 workers suffer fatal work injuries each year in the United States according to the Occupational Health and Safety Administration (OSHA). National statistics continue to show the construction industry as the most hazardous work environment for individuals, with construction site injuries occurring nearly three times the rate of any other industry in the United States.

Construction’s “Fatal Four”

Nearly 20% of all occupational injuries occur in the construction industry. Falls accounted for 35% of deaths, followed by struck by an object (10%), electrocutions (9%), and caught in-between injuries (2%). Considering the statistics, these “fatal four” accounted for more than 55% of all construction worker deaths in 2011.
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September 18, 2013

Charlestown Workers Injured During Scaffolding Incident

by Altman & Altman

Two men working at an under-construction home in Charlestown were injured after the scaffolding they were standing on collapsed.

The incident occurred around 8 a.m. yesterday morning, and Boston fire rescue was immediately dispatched to the scene. Both men were transported to a local Boston hospital with injuries to their backs, legs, and necks. It is unclear of the cause of the accident or whether OSHA had been called in to investigate the incident.
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The construction business remains the most hazardous work industry in the United States, accounting for nearly 20% of all workplace fatalities annually. While both victims in this case are expected to survive, the incident serves as yet another reminder to construction workers of how dangerous their job can be. Carpenters and roofers incur risky 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, six were cause by falls.

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.

Approximately 2.3 million men and women or 65% of those in the construction industry work on scaffolds in the United States. Protecting workers on construction sites where scaffolding is commonly used may prevent an estimated 4,500 injuries and 60 deaths each year, according to OSHA.

No matter what the actual cause of the incident-whether it was a misstep by the victims, a manufacturing defect with the scaffolding or any other circumstance that caused the men fall, ultimately the construction 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 men’s injuries may have been prevented.
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August 29, 2013

OSHA Proposes New Rule to Protect Workers from Toxic Silica Exposure

by Altman & Altman

The U.S. Department of Labor’s Occupational Safety and Health Administration filed a petition last week intended to reduce the instance of chronic respiratory illness and cancer among U.S. workers. The plan seeks to lower worker exposure to crystalline silica, a toxic particle that kills hundreds of workers and sickens thousands each year. OSHA’s proposed rule includes two separate standards-one for general industry and maritime employees and one for employees in the construction industry.

Currently, OSHA enforces a rule dated 40 years to regulate permissible exposure limits (PEL) for silica exposure, which is inconsistent between different work industries. The proposed rule would bring these PELs up to workplace standards and into the 21st century; greatly lowering the amount of silica exposure to workers. OSHA predicts that this new mandated policy would save nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.

What is Crystalline Silica and Where Is It Found?

Crystalline silica is a micro component of soil, sand, granite, and other types of materials. Quartz, cristobalite, and tridymite are three types of crystalline silica. When materials containing crystalline silica are grinded, cut, or drilled the particles become respirable-sized. Crystalline silica is considered a human carcinogen, and can cause a variety of respiratory issues including lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease. When inhaled, crystalline silica causes scar tissue formation on the lungs, and debilitates the lungs’ ability to absorb oxygen. Silicosis, aside from being incurable, can lead to other infectious diseases and debilitating conditions including tuberculosis.

Silica exposure is a threat to nearly 2 million workers in the United States and is most common in construction jobs including abrasive blasting, foundry work, stone cutting, rock drilling, quarry work, tunneling, as well as maritime work. The most common exposures to workers in construction occur during abrasive blasting with sand to remove rust and paint from bridges, and other surfaces, as well as concrete mixing, concrete drilling, brick cutting, and rock drilling.

General industry employees are often exposed to crystalline silica particles from asphalt paving jobs, painting industries, cement and ceramic manufacturing, as well as soap and glass manufacturing.
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July 30, 2013

How to Make the Most of Witness Interviews after a Workplace Injury

by Altman & Altman

When an employee is injured at work, a certain protocol is taken to investigate how and why the accident occurred. Witness interviews are a crucial part of this protocol, and are heavily relied upon by investigators, as these testimonies provide important information that can help piece together the situation. While the purpose of investigations is not to specifically find fault for an accident, investigations are used to identify the root cause of the incident and help both employers and employees prevent similar accidents in the future. Investigations are also conducted to fulfill legal requirements, determine the costs associated with the accident, determine compliance (on behalf of the employee and the employer) with safety regulations and to determine and correct safety hazards, and to correctly process workers’ compensation claims.

Conducting Witness Interviews

As a general rule, witness interviews should be conducted by experienced safety personnel as soon as possible after the accident occurs. Witnesses are typically the best source of information to determine the sequence of events leading up to the accident. Though it is standard procedure for a unit administrator or law enforcement personnel to take witness statements prior to the investigation team’s arrival, those statements should not be heavily relied upon as the sole witness statements.

Witnesses’ mental states should be taken into account when an investigator is conducting the interviews. Sometimes witnesses are traumatized or may be on medication, and thus are unable to give accurate accounts of the events. On the other hand, witnesses may be anxious to speak about the accident, and providing them with that opportunity may help them. In some cases, family members of the injured person(s) can help the investigation by offering insight into character traits or behavior patterns of the victim. To ensure that witness accounts are accurate and witnesses are being truthful, individuals should be interviewed alone. Interviewing witnesses together may cause confusion and may cause witnesses to give inaccurate versions of what happened.

The first step to conducting an interview is to explain to the witness the purpose of the investigation. Interviewers should listen carefully and take notes that do not distract the witness. A tape recorder may be used to record the witness statements, but only at the consent of the individual. Investigators should also use sketches or diagrams to help the witness better describe the accident.
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July 8, 2013

Medford Postal Worker’s Collapse Reminds Outdoor Workers Dangers of Heat Exhaustion

by Altman & Altman

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.

Temperatures 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

June 25, 2013

Roofer’s Fatal Fall Reminds Workers of Risks of Working on Construction Sites

by Altman & Altman

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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June 14, 2013

NY Fire Department Rescues Two Men from 46 Story Building Following Scaffolding Accident

by Altman & Altman

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.

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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June 7, 2013

GAO Report Finds State-Run OSHA Programs Failing to Meet Workplace Safety Goals

by Altman & Altman

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.

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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