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If you live in Boston – or any city – construction cranes are a common sight. Unfortunately, crane collapses are also relatively common. According to the United States Department of Labor, there are approximately 90 crane-related fatalities in the US every year. The most recent occurred in February in Lower Manhattan, when a 565-foot crane collapsed, killing a man who was sitting in his parked car. In many of these accidents, high winds, inadequate training, or improperly erected cranes are a factor. Contact a Massachusetts Workers’ Compensation Lawyer Today.

OSHA’s 12-Point Safety Checklist for Crane Use

In addition to collapses related to high winds, crane fatalities can also occur when the crane’s boom comes in contact with power lines, when the crane is improperly assembled or disassembled, or when workers are struck by the boom or load. OSHA has created a 12-point safety checklist for construction workers who will be working on or around cranes.

  1. Only qualified and highly-trained employees should operate a crane.
  2. The crane must be inspected by a designated person prior to each use.
  3. The crane must always be placed on a stable, level surface.
  4. Pins should never be unlocked or removed during assembly and disassembly unless the sections are secure and blocked.
  5. The outriggers and barricade accessible areas must be completely extended if they are inside the swing radius of the crane.
  6. Always keep at least 10 feet of clearance between the crane and any electric power lines.
  7. Conduct a thorough inspection of rigging prior to use.
  8. Use the correct load chart based on the current configuration, load weight, and lift path of the crane.
  9. When making lifts, avoid exceeding the load chart capacity.
  10. Before delivering a load, raise it a few inches, hold, verify, and run tests of the entire brake system.
  11. Avoid moving loads over workers at all times.
  12. Follow instructions given by the manufacturer, and all signals.

Crane safety boils down to these three essentials; safe conditions, well-maintained equipment, and proper training. Unfortunately, site conditions that appear safe can actually be riddled with hidden dangers, such as unstable ground and power lines. According to Tom Barth, owner of Barth Crane Inspections of South Carolina, “Site conditions cannot be assumed. They must be verified by an engineer. However, it is the crane operator’s responsibility to ask the site superintendent about any hazards such as utilities, fresh un-compacted fill and more. They may not be recognizable to the eye but could pose a threat of ground failure.” Continue reading

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In August of 2015, a Massachusetts worker was killed when an aerial lift he was operating tipped over. Kevin Miranda was operating the lift when it tipped, ejecting him from the operator’s basket and throwing him 16 feet through the air. Following the accident, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an investigation of Miranda’s employer, Skyline Contracting and Roofing Corp. of Taunton. Just this month, the administration determined that his death could have been prevented if Skyline had adhered to federal and industry safety standards. Contact a Massachusetts Workers’ Compensation Lawyer Today.

At the time of the accident, the aerial lift’s boom was extended to a height of 45 feet. OSHA inspectors noted several safety violations, including that the lift was placed on uneven ground and the lanyard on Miranda’s fall protection system was not attached to the lift. OSHA also concluded that Skyline had failed to train Miranda to recognize such a hazard, an important requirement of the agency’s standards.  As such, Skyline was cited for one serious violation and two willful violations, totaling $102,900. The company must comply with the penalties and citations and meet with OSHA’s area director within 15 days from the receipt of the citations, or contest the findings within that time frame.

“This incident and the needless death that resulted were preventable. Kevin Miranda’s employer was well aware of the necessary safety requirements, yet disregarded them,” said OSHA’s area director for Boston and southeastern Massachusetts, Kenneth Shedden. “Safety standards exist for a good reason: to prevent incidents such as this, and the deaths and injuries that can result. Employers must know and adhere to all applicable standards. The lives and well-being of their employees depend on it.”

Falls Are Number One Cause of Construction-Related Fatalities

According to OSHA, falls are the top cause of fatalities in the construction industry. Fatal falls are often the result of unstable working surfaces, and / or failure to use appropriate fall protection equipment. Both were factors in Miranda’s death. If the lift had been placed on stable ground and Miranda’s fall protection system had been properly attached to the operator’s basket or boom, he might still be alive today. Continue reading

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High winds are to blame for a deadly crane collapse in New York City Friday morning. According to Mayor Bill de Blasio, workers were attempting to secure the crane at the time of the incident. Shortly before 8:30 am, the massive piece of construction equipment collapsed, crashing into several parked cars and slamming into buildings before landing on Worth Street. The 565-foot crane stretched two blocks from Hudson to Church Street, a usually bustling area of Lower Manhattan. The collapse left one person dead and three people injured. Contact a Boston Injury Lawyer Today.

Police identified the fatally-wounded victim as 38-year-old David Wichs of the Upper West SIde. Wichs was in a parked car when the crane collapsed on top of it. There were also three injuries as a result of the accident; two serious and one minor. A 73-year-old man and a 45-year-old woman were both taken to area hospitals with head wounds from falling debris. Their injuries do not appear to be life-threatening.

It’s a Miracle That More People Were Not Harmed

Considering that the accident occurred during the normally busy morning commute, it is incredible that more people were not seriously injured. Mayor de Blasio attributes this good fortune to the efforts of workers on the ground who were keeping people away from the area while other workers were securing the crane. “This is a very, very sad incident — we’ve lost a life,” said Mr. de Blasio, adding that, “It was something of a miracle there wasn’t more impact.”

The crane had just been inspected by the city’s Buildings Department on Thursday. The inspection was conducted as part of the process to approve an extension of its current length.  According to Mr. de Blasio, when winds reached 20 miles per hour on Friday morning, crews began to clear the streets and secure the machinery. The crawler crane, which was being used to replace air-conditioning units on top of the former Western Union building, is supposed to be secured in winds of 25 mph or above. In response to the accident, the city has ordered the securing of an additional 376 crawler cranes and 43 tower cranes.

Following the collapse, emergency responders searched cars for people who could be trapped and gas lines for leaks. Several nearby leaks were identified, however, the levels do not appear to be dangerous. As a precaution, gas in the immediate area has been turned off and the situation is being closely monitored. Continue reading

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There’s no question that some jobs are more dangerous than others, but occupations that appear perfectly safe often have a higher percentage of injured employees. The top five workplace injuries can occur in almost any occupation, from factory jobs to desk jobs. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Overexertion

Overexertion, the number one cause of work-related injuries, is typically the result of ordinary tasks gone wrong.  Lifting, pulling, or pushing an object improperly can throw a worker’s body seriously out of whack, even leading to permanent disability. The best way to avoid overexertion injuries is by approaching the aforementioned movements carefully, and by learning the right way to perform these tasks. For example, always lift heavy objects by keeping a wide base of support and squatting down, bending only at the knees and hips. Don’t twist your back as you lift the object. More importantly, keep yourself fit and don’t take on tasks that you are physically unable to do.

Same Level Falls

Same level falls are the second most common workplace injury. These include trip and slip injuries, and can happen anywhere. The condition of the floor is the most important factor to consider, therefore, it’s exceedingly important to report unsafe conditions in the workplace. Same level falls may result from:

  • Loose carpeting
  • Uneven flooring
  • Wet or waxed floors
  • Cords and cables on the floor
  • Floor transition areas
  • Clutter or debris in walkways
  • Poor lighting

Employees can lower their risk of same level falls by wearing appropriate footwear and keeping shoelaces tied. Business owners should ensure that flooring is safe, and that traffic patterns in the workplace are free of clutter.

Struck by an Object

Getting hit or struck by something is the third most common workplace injury. If you work in construction or another industry with falling debris, such as factory work, it’s crucial to wear a hard hat at all times. Correct storage of items on shelves, proper material stacking, and keeping the workplace free of clutter can reduce the likelihood of falling objects.

Falls to Lower Level

For most workers, falls to a lower level generally involve falling down stairwells or off ladders. For construction jobs and similar occupations, high-level falls can involve falling off scaffolding. Many of these falls result in serious injury or death.

To mitigate the risk of falling from high places, stairwells should have good lighting and handrails should be installed. The stairs themselves should have non-slippery surfaces. Obviously, objects should not be stored on the stairs, and workers should take special precautions when carrying items up and down stairs. Check ladders for safety and stability before use. Workers using scaffolding should always wear personal fall arrest protection. Proper, industry specific training is also essential to the safety of workers in any given field.

Other Exertion and Bodily Reaction

Similar to overexertion, other exertion and bodily reaction injuries usually occur in non-impact accidents. Basically, this means that the worker was not harmed by direct contact with another object. Instead, the injury results from the way a person’s body reacts to a particular stimulus. Situations that can cause “other exertion and bodily reaction” injuries include:

  • Repetitive motions
  • Excessive physical effort
  • Remaining in one position for a long period of time
  • Unnatural body position.

Your risk of these injuries depends on the nature of your work and your willingness to utilize appropriate safety precautions. Many jobs require repetitive motions, for example, but by taking advantage of work breaks and learning exercises to combat the effect of repetitive motions on your body, you can reduce your risk. Sitting at a computer all day can result in negative bodily reactions as well, so get up at least every hour and take a brief walk around the office. Stretching and moving around as much as possible is helpful in any occupation. It keeps the body warm and flexible, which helps to eliminate many types of injuries. Continue reading

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The Occupational Safety and Health Administration establishes rules, regulations, and standards that employers must comply with to maintain a safe working environment for employees. In addition to protecting employee safety, OSHA regulations actually help employers in many cases. For example, if an employee is injured but an OSHA investigation reveals that the employer followed all established rules and regulations, these findings will help the employer avoid liability. In a recent and surprising move, OSHA has withdrawn its ‘slips, trips, and falls rule’ from the White House review process in order to review the rule’s benefits and costs. In doing so, OSHA has created a possible dilemma for employers, many of whom are now unsure of how to proceed. Contact a Massachusetts Workers’ Compensation Lawyer Today.

How Does Withdrawing This Rule Hurt Employers?

For starters, the rule helped create a safety-net for employers to adhere to. However, the rule also provided some ‘grey areas’ which also served to protect employers. The portion of the slips, trips, and falls rule that pertained to guardrail standards was one such grey area.The standard height of guardrails is set at 42 inches, however, a height of 36 or 37 inches was considered a de minimis violation, which requires no penalty. With the removal of the slips, trips, and falls rule that included this ‘exception’ to the 42-inch rule, employers are now unclear if they have to retrofit all guardrails to the standard height.

The removal of this rule is significant – slips, trips, and falls account for billions of dollars in workers’ comp payments every year. According to Liberty Mutual Research Institute for Safety’s 2016 Workplace Safety Index, employers spent $15.6 billion on injuries from same level falls and falls to a lower level in 2013, and $2.4 billion on slips, trips, and falls in the same year.

Slips, Trips, and Falls Account for 3,500 Serious Injuries Every Year

The slips, trips, and falls rule, which was originally published in 1990, established requirements for personal fall protection systems, among other things. It has since been rewritten twice to adapt to technological advances. The withdrawal of this rule on December 21 may only be a temporary move. OSHA has stated that it will finalize the rule during the current term and re-publish the rule once this has been accomplished. OSHA referred to other rules which have been temporarily withdrawn, updated, and re-published as well. According to the director of consulting services for the National Safety Council in Itasca, Illinois, W.E. Scott, the rule is beneficial in that it incorporates new technologies to protect workers and may reduce the slips, trips, and falls injuries in the council’s 2015 Injury Facts report. The report revealed 3,500 serious injuries and 20 fatalities due to slips, trips, and falls in 2015.  Continue reading

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The US Department of Labor and Mass Bay Electrical Corporation have reached a settlement agreement in a case involving the deaths of two Mass Bay employees in 2014. John Loughran and Joseph Boyd III were working on a platform that was raised on a crane when the crane toppled, killing both men. The MA electrical contractor was cited by the Occupational Safety and Health Administration (OSHA) for multiple violations, including improper employee training. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Beyond compensating the victims’ families for their losses, the settlement seeks to prevent future injuries and fatalities by implementing corrective action and setting up a training fund in memory of the victims. In addition to improper employee training, OSHA also cited Mass Bay for failing to adhere to the crane manufacturer’s safety procedures. “The deaths of Joseph Boyd III and John Loughran should never have occurred. Effective and ongoing training of employees and adherence to the clear safety requirements set forth by the equipment’s manufacturer are critical in preventing fatalities like these from happening again. This settlement requires Mass Bay Electrical Corp. to take stringent, detailed, continual and effective corrective action,” said the New England Regional administrator for OSHA, Kim Stille.

Settlement Establishes Scholarship Fund in Victims’ Names

The settlement provides court-enforced rules that Mass Bay must follow and establishes a scholarship fund for employee training. Both of these unique stipulations aim to prevent similar accidents from occurring in the future. Mass Bay is required to provide at least $3,000 in contributions to the scholarship fund, which will be set up in both victims’ names, every year for the next 10 years and $5,000 per year in the following decade. As both men were members of the Local 104 of the International Brotherhood of Electrical Workers, the fund will be administered with the IBEW’s cooperation.

Mass Bay Must Provide Extensive Training Programs to Employees

As part of the settlement, Mass Bay is also required to provide thorough training and certification programs to its employees, undergo regular safety audits, establish an in-house safety committee, and notify OSHA about any work utility projects. Due to Mass Bay’s failure to comply with regulations set forth by OSHA and the crane’s manufacturer, the electrical contractor will pay OSHA a penalty of $136,000. Continue reading

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On Thursday afternoon, an explosion at the North Andover Dow Chemical facility injured five workers, four critically. State and federal officials are investigating the explosion, which took place in a chemical lab at the plant. As a precautionary measure, the state’s bomb squad will be detonating chemicals that may have injured the workers.  In addition, the facility is being secured by emergency personnel to ensure that safety requirements are being followed. The official cause of the explosion is still unknown. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Four of the injured workers were hospitalized and one was treated at the scene for minor injuries. According to staff at Lawrence General Hospital, the critically injured workers are suffering from burns and shrapnel injuries. The burns appear to have been caused by a dangerous chemical called trimethylaluminum, a key component in LED lights, of which Dow is a manufacturer. More commonly known as trimethyl aluminum, the colorless liquid is highly flammable and reactive, and it is considered to be an explosion hazard.

No Atmospheric Release of Chemicals

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Falls from roofs are among the most common construction accidents in the industry. Unfortunately, they are often deadly. In order to reduce the risk of serious injury and death, it is essential that workers receive proper training and that employers provide a safe working environment at all times. Workers’ compensation can help cover medical expenses and lost wages when a worker is injured on-the-job. Contact a Massachusetts Workers’ Compensation Attorney Today.

Roofing Falls Among Most Dangerous Construction Accidents

According to OSHA, 100 American workers are killed in roofing falls every year. Most of these are construction workers. That is an average of 34 fatal roofing injuries for every 100,000 construction workers. Beyond those numbers, an additional 150,000 people are injured annually in roofing accidents that require emergency room visits.

Most Roofing Accidents Are Preventable

Roofing falls are typically the result of inadequate employee training, carelessness on the part of the employee or employer, or negligence. Manufacturers, third-party vendors, and employers may be found liable in a roofing accident, depending on the cause. A safety-harness manufacturer may be deemed negligent, for example, if the harness breaks, causing a worker to fall.  Sometimes there seems to be a clear cause for the fall initially but upon further investigation other factors can be contributing factors for the accident. Hiring the right law firm who has access to the best experts is often critical to determining liability and maximizing damages.

Who is at Fault?

It is not uncommon for employers to claim that the accident was the injured worker’s fault. However, the right evidence and information can be used to prove otherwise. For example, were OSHA standards adhered to? Was the edge of the roof clearly marked with warning flags? Was a safety monitor on duty to warn workers when they near the edge? Was the worker tied off appropriately? If the worker fell through a hole, was the hole properly covered?

Beyond  MA Workers’ Comp

Workers’ Compensation is typically available to workers who have been injured while performing on-the-job duties. However, these benefits are limited. If roofing injuries are due to third-party or employer neglect, the victim will likely be entitled to additional compensation.

Roofing Accident Causes

Roofing falls can occur for a variety of reasons, including flimsy materials, employer or third-party negligence, collapsing ladders or scaffolding, electrical shock, and explosions.

Employers Must Provide a Safe Working Environment

Employers must take proper measures to ensure the safety of their workers. These include providing necessary equipment and materials, such as safety harnesses, lifts, railings, flags, and other safety gear. The employer is also responsible for ensuring that all equipment is in good working order and that working conditions and equipment are routinely inspected.

Common Roofing Accident Injuries

Common injuries from roofing accidents include sprains and broken bones, brain injuries, spinal cord injuries, paralysis, and even death. Injuries sustained in roofing accidents can result in overwhelming medical expenses, lost wages, chronic pain, and emotional trauma. Continue reading

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It’s been a bad month for construction accidents in the greater Boston area. Last week, a temporary construction barrier was blown over by high winds in Malden, pinning five people until witnesses were able to free them. Earlier this month, a worker was injured in the North End when the scaffolding he was standing on collapsed. Now this week, a 36-year-old worker was struck in the head when a portion of a 600-pound cinder block wall collapsed during a remodeling job. Contact a Boston Injury Lawyer Today.

The accident, which occurred around 7:40 a.m. on Tuesday morning, is under investigation by the Occupational Safety and Health Administration (OSHA). The victim, whose identity has not been released, was standing on a scissor lift platform approximately six to eight feet off the ground when a cinder block wall gave way, crushing him with heavy debris. According to Stoughton Fire Chief Doug Campbell, he was rushed to a Boston trauma hospital by medical helicopter. His condition is currently unknown.

Scissor Lift May Have Saved Worker’s Life

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Trenching and excavation are among the most dangerous construction-related operations in the country today. Employers and employees must be highly educated on everything from trenching safeguards to cave-in protection before engaging in this type of work. An incident in Massachusetts earlier this year serves as a grim reminder that employees cannot always rely on the employer to ensure the safety of their working environment. On July 31, 2015, Davide Nascimento was killed while installing a sewer line in an excavation. When a portion of the roadway above him collapsed, it broke a water main pipe. Water rapidly filled the excavation, trapping and drowning 28-year-old Nascimento. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The inherent dangers of Trenching Work: The greatest risk to workers is the potential for cave-ins. They are the most common accident in this field and frequently result in fatalities. In fact, trench collapses are responsible for dozens of fatalities every year. Beyond cave-ins, other hazards include falls from high places, falling debris, hazardous or toxic atmospheres, and incidents with equipment.

Never enter an unprotected trench: Unless an excavation is made entirely in stable rock, trenches require a protective system if they are 5 feet deep or greater. If they are 20 feet deep or greater, the protective system must be designed by a professional engineer or based on a professional engineer’s tabulated data.

Know your protective systems: There are multiple protective systems, and the required system depends on the job you are doing. For example, a sloping system cuts the trench wall at an angle so that it slopes away from the excavation. A shoring system involves the installation of an aluminum hydraulic or similar support to prevent cave-ins from soil movement. A shielding system uses trench boxes or similar supports to protect workers from soil cave-ins. Designing these systems is extremely complex and requires the expertise of a registered professional engineer.

Always have a competent person: Standards set by the Occupational Health and Safety Administration (OSHA) require daily inspection of trenches by a ‘competent person.’ This is an individual with the ability to identify hazards or hazardous working conditions, including those that may be unsanitary or dangerous to workers. This individual is authorized to eliminate or control such hazards by taking prompt action to correct them.

Make sure you have safe access in and safe access out: In order to safely enter and exit an excavation, it is essential that all workers have access to ladders, ramps, steps, and any other means of exit. If these devices are not well maintained or located within 25 feet of workers, the consequences can be disastrous. Continue reading

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