Massachusetts Workers' Compensation Lawyer Blog

June 14, 2013

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

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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May 23, 2013

National Study Looks at Preventing Amputation Injuries in the Workplace

by Altman & Altman

Massachusetts workers take note; there has been a recent study conducted that sheds new light on the frequency and prevention of amputation injuries in the workplace.

Amputations are one of the most severe and debilitating types of workplace injuries. A moment’s inattention or single misstep, as well as defective or unguarded mechanical equipment can lead to irreparable damage of a limb and result in permanent disability or even the end of a career.
According to the Minnesota Department of Health, there were 5,280 non-fatal amputations in the United States (a rate of 6 per every 100,000 workers); the lowest ever recorded. The greatest number of incidences occurred in 2005, with 8,450 non-fatal amputations. The majority of these types of workplace injuries occur in manufacturing plants and more than 50% occur in construction, agriculture, wholesale and retail trade, and service industries, collectively. Not surprisingly, about 96% of amputations involve loss of a finger.

The U.S. Bureau of Labor Statistics recognized four types of hazardous exposures that can cause amputation including: machinery and workplace equipment, parts or materials that may collapse on and crush a worker, motor vehicles including forklifts and tractors, and hand tools. While this Minnesota study was national, the findings and information relate to all Massachusetts workplace employees.

Types of Hazardous Machines
Some of the most common machines that pose amputation hazards include:

• Mechanical power presses • Powered and non-powered conveyor belts • Printing presses • Roll-forming/bending machines • Sheering machines • Food slicers • Meat-cutting saws • Drill presses • Milling machines
• Grinding machines • Slitters Continue reading

May 10, 2013

Construction Worker Injured after Fall at Hingham Middle School

by Altman & Altman

A worker was injured Tuesday after falling from the Hingham Middle School construction site.

The 45-year-old man from New Bedford, MA, apparently fell from the third story scaffolding of the building around 1 p.m. on Tuesday afternoon. According to Hingham Police Sergeant Steven Dearth, the worker was conscious when paramedics arrived, and was taken to South Shore Hospital in Weymouth, MA.

Construction at the school has since stopped while officials from the Occupational Safety and Health Administration (OSHA) investigate the incident. The identity and injuries of the worker are still unknown.

While it is still unknown the reason to why the worker fell in the first place, there are factors that may have played a role into his fall. Scaffolding is a temporary platform that is often used on construction sites to reach areas that are not accessible by ladder. These types of accidents occur for a variety of reasons including incorrect assembly, manufacturing defects, collapse or failure, broken platform, slippery surfaces, and inadequate training or experience with the equipment. And because of the height of these structures, injuries are severe or fatal and may include fractures, broken bones, spinal cord and traumatic head injuries, and even death.

Scaffolding and general requirements on construction sites are the number one safety violation cited by OSHA officials. Construction falls are also the number one cause of death and injury in workplace settings in the United States, accounting for 251 deaths (35% of total workplace deaths) in 2011.

Safety Tips for Workers

All laborers who regularly work on scaffolding must be properly trained with suspension scaffolding and fall protection equipment. In most scaffolding fall cases, the accident was completely preventable.

When working on scaffolding, workers should take the following precautions:

-Learn the proper OSHA standards and regulations for working on scaffolds; such as weight capacity, construction, fall protection, proper scaffolding use.
-Ensure that the scaffolding being used is designed correctly and conforms to OSHA regulations.
-Shield all scaffold suspension ropes and body belt harness system droplines from abrasive or sharp edges to prevent them from being severed.
-Carefully inspect all scaffolds and their components, as well as personal fall protection equipment.
-Ensure that all workers are well equipped with proper fall protection equipment prior to stepping onto a scaffold.
-Properly anchor tiebacks of the scaffolding at different points.
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May 3, 2013

OSHA Launches a New Plan to Keep Temporary Workers Safe on the Job

by Altman & Altman

This week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new initiative to help protect temporary workers from workplace injuries. The memo and plan comes after a series of reports OSHA received about temporary workers suffering serious and fatal injuries during some of the first days on the job.

The most recent fatality report was in February when a 21-year old employee was crushed while on his first day at the Bacardi Bottling Corporation. The man was not a regular employee, and was hired as temporary. Bacardi Bottling received twelve safety violations, including nine serious violations which totaled fines of $192,000 after the incident.

The new memo and subsequent initiative, which OSHA has already begun implementing, acknowledged the often lack of training given to temporary workers because of their short-term status, and the need for more regular inspection of workplaces and enforcement of safety regulations on behalf of OSHA officials. The memo also acknowledged the need for regular interviewing of employees to ensure they have received the proper training in their native language, because temporary employees are often foreign and do not natively speak English.

The memo called for OSHA officials to:
1.) Do more regular inspections of workplaces to assess whether employers are complying with their responsibilities under OSHA laws.
2.) Use a new code to denote when temporary workers are exposed to safety and health violations.
3.) Assess if temporary workers have received required training in a language they understand.
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May 2, 2013

Dangerous Workplace: MA Construction Site Accidents Are Most Serious and Most Fatal Study Recent Finds

by Altman & Altman

Each year thousands of workers are injured in workplace incidents around the Commonwealth. Last year alone, over 50,000 workers were injured and more than 30 were killed on Massachusetts job sites. A study published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found that construction is the most dangerous work industry and far surpasses any other industry in the amount of workplace injuries and fatalities.

Forklift accidents are one type of incident that most often occurs on construction sites, manufacturing and storage warehouses, and accounts for a great number of workplace injuries.
Accidents with forklifts can be caused by numerous factors such as unsafe workplace conditions, inexperience, or unsafe practices while operating the machinery. Accidents caused by those types of factors are almost 100% preventable if the proper safety precautions are taken.

Some of the most common physical conditions that contribute to forklift accidents include slippery or uneven surfaces, floor and load limits, and obstructions. Slippery and uneven surfaces pose hazards such as skidding and tip over, especially when a forklift is traveling over oil, grease, water, mud, gravel, and other uneven ground conditions. It is most advised to avoid these types of surfaces whenever possible and spread material, such as sand or other absorbent material, over slick areas you cannot avoid to prevent skidding. Workers should always report unsafe conditions, and warning signs should be implemented to warn others of danger, until the area can be properly cleaned.
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April 26, 2013

Report Shows 32 Workers Died in Massachusetts Workplace Accidents in 2012

by Altman & Altman

A report published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found there were 32 work related deaths in Massachusetts in 2012. Though the number is lower than that of 2011 (58 deaths), the organizations are calling for change at both deferral and state levels to further prevent workplace injuries and deaths in the Commonwealth.

The Facts

According to the study, motor vehicle accidents and falls were among the leading causes of workplace death, with 5 deaths being related to transportation accidents, and 6 deaths caused by falls. Construction site fatalities accounted for 19% of the total number of work related deaths, and remained the most dangerous work industry. The average age of death was 50 years old, but individuals ranged from ages 17 years to 73 years old. Of the total number deaths, 7 individuals were firefighters, and 4 were fishermen.

Though the number of fatalities over the past several years is “relatively low by historical standards,” there were significantly high numbers of non-fatal work injuries and occupational disease diagnoses. According to the study, 50,000 people sustained serious injuries at work. More than 300 workers died from occupational disease and 1,800 workers were diagnosed with cancer or other diseases related to workplace exposure.

The major contributing factor in the number of workplace fatalities in Massachusetts, according to the report, is a lack of funding for OSHA regulators and lack of adherence by both employees and employers to exercise necessary safety precautions on job sites. There is, according to the organizations, little enforcement of safety policies by OSHA as well as ramifications for businesses that fail to institute proper safety measures. OSHA still remains seriously underfunded and understaffed, and lacks the ability to inspect each worksite and enforce protocols at every business.
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April 23, 2013

Workers Hospitalized after Kingston, MA Construction Site Accident

by Altman & Altman

Two workers were hospitalized after sustaining injuries at a construction site in Kingston, MA this morning. The men, whose injuries were classified as non-life threatening, were taken to Jordan Hospital after a wall that was being moved into place fell.

The men were working at a house being built on Country Club way in Kingston. According to public records, the property is owned by High Pines Corporation.

Regardless of the severity of the injuries, both workers are entitled to workers’ compensation benefits to pay for any medical costs directly related to the incident. In Massachusetts these benefits should guarantee, in addition to covering initial medical costs, coverage of disability payments, and compensation for any permanent bodily damage (disfigurement, scars, loss of function, etc.)

The injured workers are entitled to worker compensation benefits, which include:

• Immediate payment of all lost wages • Ensuring that all necessary medical care is provided for in a timely fashion • Having all bills processed and paid by the workers’ compensation insurance carrier
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March 21, 2013

Steelworker Rushed to Hospital After Falling Off Roof at Duxbury, MA High School

by Altman & Altman

A steelworker working at the new Duxbury High School was rushed to the hospital on Wednesday afternoon, after a 20-foot fall from the building’s roof.

According to emergency officials, two workers fell from the building’s roof decking around 3 p.m. One of the workers was caught by the safety harness he was wearing, but the other worker’s harness cable snapped, causing him to fall two stories to the ground. Construction workers were able to free the suspended worker before emergency crews arrived.

Duxbury Fire Chief Kevin Nord, said the worker who fell suffered non-life threatening injuries to his neck, back, and torso, and was taken by ambulance to South Shore Hospital in Weymouth, MA. Occupational Safety and Health Administration (OSHA) officials immediately responded to the construction site after the incident.

The injured worker is entitled to his worker compensation benefits, which include:

• Immediate payment of all lost wages • Ensuring that all necessary medical care is provided for in a timely fashion • Having all bills processed and paid by the workers’ compensation insurance carrier
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March 18, 2013

Milford, MA Employee Suffers Burns after Explosion at Glass Bottling Plant

by Altman & Altman

An employee at a glass bottling plant in Milford was hospitalized with first-degree burns to his face after a propane tank explosion on Sunday morning.

According to Milford Fire Lieutenant Frank Ferrante, the employee, 55, was filling up a forklift’s tank at Saint-Gobain Containers Inc. when the one-thousand gallon propane tank exploded. It took firefighters nearly an hour to control the fire because the main tank was still spewing fuel when crews arrived at the scene.
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