Massachusetts Workers' Compensation Lawyer Blog

May 19, 2011

OSHA Works On Withdrawn Work-Related Musculoskeletal Disorders Recording Regulation

On May 17, 2011, the U.S. Department of Labor’s Occupational Safety and Health Administration reopened the public record on the proposed rule to revise the Occupational Injury and Illness Recording and Reporting Requirements regulation on workers’ musculoskeletal disorders (MSDs). As reported in OSHA Withdraws Two Important Workplace Safety Proposals, OSHA recently in January withdrew the proposed regulation that would reinstate a column on work-related employer injury logs that would have required employers to record their workers’ MSDs.

The proposed regulation would require an employer to check-mark the MSD box on the column in the OSHA 300 log if an employee´s case meets the definition of an MSD and will not change how employers must record work-related injuries and illnesses. For the purpose of the injury logs, the proposed rule would define an MSD as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs that was not caused by a slip, trip, fall, motor vehicle accident or a similar accident.

OSHA met with the Small Business Administration’s Office of Advocacy over teleconference on April 11 and 12 due to their concerns over how this proposed rule would impact small businesses. OSHA has since decided to reopen the record to allow interested individuals to give feedback on the rule.

Dr. David Michaels , Assistant Secretary of Labor for Occupational Safety and Health said “OSHA is eager to hear from the public on this, and every, proposed rule…The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.” OSHA invites the public to submit comments by June 16, 2011.

OSHA expects an estimated 1.505 million MSDs to be recorded annually among 1.542 million affected businesses. They estimate that the combined costs of the proposed rule will be $1.7 million per year.

If you suffer from injuries obtained at work, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department’s OSHA reopens public record on proposed record-keeping rule to add work-related musculoskeletal disorders column, OSHA National News Release, May 16, 2011
Related Blog Post:

OSHA Withdraws Two Important Workplace Safety Proposals
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May 17, 2011

OSHA Cites South Easton Contractor for Unprotected 40-foot Fall Hazard

by Altman & Altman

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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OSHA Warns Construction Industry in Essex and Middlesex Counties after Citing Danvers Roofing Company for Fall Hazards

Man Falls Through Skylight While Clearing Snow in Waltham

Construction Worker Dies from Head Injuries Sustained During Fall
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May 13, 2011

Lynnfield Company Charged With Improper Asbestos Removal

by Altman & Altman

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.
.

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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Boston Real Estate Development and Property Development Company Guilty of Improper Asbestos Disposal

Chemical Company Agrees to Clean Up and Pay $800,000 for Asbestos in Massachusetts

Construction Halts at Boston University School of Medicine After Asbestos Exposure
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May 9, 2011

Teenage Work Injuries Remain Too Common in Massachusetts

by Altman & Altman

According to a report released by the Massachusetts Department of Public Health, teen work injuries remain a major issue for Massachusetts despite a slight decline over the past few decades. The report is a part of the department´s “teens at work” project that tracks teenager hospital room visits and teenager workers´ compensation claims related to work accidents.

John Auerbach, the state’s public health commissioner, said “We’re trying to determine what type of injuries occur so we can prevent them in the future…Sometimes, what’s required is more training; sometimes, educating employers; and sometimes, changing laws.”

According to the report, three Massachusetts teenagers under the age of 18 were killed in the workplace and over 4,000 Massachusetts teenagers went to the hospital with an emergency due to work-related injuries from 2004 to 2008. Although the number of teenager injuries has decreased due to higher unemployment rates, the rate of injuries has only slightly declined since 2000. The injury rate, three out of every 100 teenagers, is twice as high as the injury rate for older employees.

Tish Davis, who manages the Massachusetts health surveillance program, said “What we see in our interviews with injured teens is that they’re often doing exactly what their employers are asking them to do…They want to prove themselves; they don’t want to look foolish by speaking up.”

The findings reveal that employers are not following Federal and state rules and thus not providing a safe working environment for teenagers. Under Federal law, minors must not be put in dangerous work situations. Teenagers under 18 are not allowed to work with or use power-driven meat slicers, wood-working machines, bakery equipment and are completely prohibited from working in coal mines, meat packing plants, and saw mills. Massachusetts law prohibits most jobs, other than babysitting and yard work, for children under the age of 14. However, approximately one-fifth of Massachusetts middle school students admitted to having prohibited jobs in 2009.

If you or your teenager has been injured in the workplace, it is advised that you contact a Massachusetts workers’ compensation lawyer.

Sources:

Teen work injuries in Mass. show only slight decline, The Boston Globe, April 22, 2011
Protecting Working Teens – A Public Health Resource Guide, Massachusetts Office of Health and Human Services

OSHA Warns of Workers Overheating in Summer Months

by Altman & Altman

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
Related Blog Posts:

Salisbury Construction Contractor Cited by OSHA Following Explosion
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April 29, 2011

Massachusetts Governor Patrick Agrees to Workers’ Compensation Rate Freeze

by Altman & Altman

Governor Deval Patrick has recently agreed to keep Massachusetts workers’ compensation rates at their current levels after an agreement was reached between the Massachusetts worker’s compensation bureau, the state insurance division and the attorney general’s office.

As earlier reported in Massachusetts Workers’ Compensation Rate Freeze, Massachusetts Attorney General Martha Coakley came to an agreement last month with the Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts.

The rate agreement will now be upheld and there will be no rate increase at least until September of 2012. Insurance Commissioner Joseph Murphy said that rates will remain at the current level under the agreement that the governor has reviewed and supports. The WCRIB originally proposed a 6.6 percent increase in premiums. Attorney General Coakley claimed that by freezing these rates instead of increasing them, Massachusetts employers and businesses will be able to save up to $65 million. Last year, state insurance regulators reached an agreement with the WCRIB to cut overall rates by 2.4 percent, despite the bureau’s request to increase them by 4.5 percent.

Paul Meagher, the President of the Massachusetts WCRIB, said “with the economic recovery just beginning to gain traction, the workers’ compensation insurance industry is willing to assist Massachusetts employers by waiting another year before requesting a rate increase.”

These rates for workers’ compensation insurance are negotiated and established every two years in a hearing with the Commissioner of Insurance. This year’s insurance data will be examined before a decision will be made if a further rate freeze will be necessary in 2012. Businesses in Massachusetts must purchase workers’ compensation insurance to provide coverage for workers who are injured on the job.

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

Sources:

Mass. rejects hike in workers’ compensation rates, The Boston Globe,
April 12, 2011

Massachusetts workers comp rates to remain unchanged until Sept. 2012, Business Insurance, April 13, 2011
Related Blog Post:

Massachusetts Workers’ Compensation Rate Freeze
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April 26, 2011

OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) has recently released a campaign for a safer working environment for employees who drive while working. Following national awareness and campaigns on the dangers of texting while driving, OSHA is working together with the Department of Transportation and has released a “no-texting while working” brochure and a new informational page on their website directed at employers and workers who drive on the job.

In the brochure, OSHA outlines that employers should ensure the safety of their driving employees by following these recommendations:

• Prohibit workers from texting while driving and declare work vehicles “text-free zones.”
• Establish procedures that do not require employees to text while driving.
• Establish safe procedures, locations, and times for safe communication with managers or customers.
• Train employees on safe communication practices.
• Remove any possible financial incentives or work incentives that would result in employees trying to text while driving on the job.

At a recent symposium focused on eliminating work-related driving distractions, the Symposium on Prevention of Occupationally-Related Distracted Driving, held on April 18 in Laurel, MD, OSHA Assistant Secretary David Michaels spoke on the importance of minimizing the need of employees to text their customers or employers while driving. In an October 2010 letter to employers whose employees work involves driving, he emphasized, “Year after year, the leading cause of worker fatalities is motor vehicle crashes. There’s no question that new communications technologies are helping business work smarter and faster. But getting work done faster does not justify the dramatically increased risk of injury and death that comes with texting while driving.”

Here in Massachusetts, bus drivers are forbidden from using any cellphone; however, there is no statewide-law forbidding cellphone use while driving, only local laws.

If you have been injured in a work-related vehicle accident, contact an experienced Massachusetts workers’ compensation lawyer for legal advice and to find out if are entitled to workers’ compensation.

Source:

Distracted Driving, Occupational Safety and Health Administration Continue reading

April 20, 2011

Randolph Woman Charged With Workers’ Compensation Fraud After Office of Attorney General Martha Coakley Investigation

by Altman & Altman

The Office of Attorney General Martha Coakley has recently announced that Maria Oliveira-Soares, a woman from Randolph, Massachusetts, has been charged with two counts of Workers’ Compensation Fraud.

After a referral instigated by the Massachusetts Insurance Fraud Bureau (IFB), AG Coakley’s office began an investigation into Oliveira-Soares’ fraudulent claims for workers’ compensation. According to the investigation, she filed a claim for workers’ compensation in March of 2004 while working for a cleaning company for an injury on the job. She then reported numerous times that she had debilitating pain from her injuries and testified to the Department of Industrial Accidents (DIA) in August 2005 that she was not working because of these injuries sustained. She then reportedly worked for five different employers while collecting compensation and then even filed a second workers’ compensation claim for injuries while working as a nurse’s assistant in October 2005.

During this time she fraudulently collected over $15,000 in claims. A Suffolk Superior Court has arraigned Oliveira-Soares and she is due in court on June 14 for a pre-trial hearing.

Attorney General Coakley commented, “Workers’ compensation fraud puts an undue strain on many businesses leading to higher premiums that ultimately get passed down to consumers.”

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers for legal advice and to find out if are entitled to workers’ compensation.

Source:

Randolph Woman Arraigned in Connection with Fraudulently Collecting Over $15,000 in Disability Benefits While Working, Office of Attorney General Martha Coakley Press Release, April 15, 2011 Continue reading

April 18, 2011

Western Massachusetts Electric Company Employee Electrocuted in Pittsfield

by Altman & Altman

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.
Continue reading

April 13, 2011

Boston Big Dig Workers’ Compensation Case Settled: Insurer Had Right To Question Whether Employee Was Still Working

by Altman & Altman

The Massachusetts State Supreme Judicial Court ruled yesterday that the insurance company who fought a claim by a Boston Big Dig worker should not have been penalized for taking the matter to court.

Thirteen years ago, Dante DiFronzo was hit by a car at a Boston Big Dig jobsite when he was running between two work zones at the end of his shift. Although no one has ever denied that he was hit by a car, the thirteen-year-old question is whether or not DiFronzo was still working at the time of the accident. Because Massachusetts State law does not hold employers responsible for injuries while commuting, DiFronzo would only be entitled to workers’ compensation if he were still working and had not started his commute home. DiFronzo argued that he was running to a work vehicle to make a radio call that he was about to leave his jobsite. DiFronzo was able to convince authorities that he was still technically working.

DiFronzo’s insurer, National Union Fire Insurance, took the matter to court and argued that he was running to catch a bus home when he was hit by a car. DiFronzo in return tried to file additional penalties against the insurer and his lawyer contended that the insurer wrongfully tried to deny his claim. The Supreme Judicial Court ruled that the insurer was indeed justified in questioning whether DiFronzo was still on the job when he was injured and that they should not have to face additional penalties. The end result of Tuesday’s ruling was that DiFronzo received his workers’ compensation but no extra penalties were filed against the insurer for questioning his claim.

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers to find out if are entitled to workers’ compensation.

Source:

Supreme Judicial Court rules against Big Dig worker, Boston Business Journal, April 12, 2011 Continue reading