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A Massachusetts Department of Transportation worker fell into a 20-foot deep shaft in the Ted Williams Tunnel in Boston early on Friday morning. Officials have reported that either a ladder broke or the worker slipped just after 1 a.m. He was reported to have suffered from leg injuries from the fall and also hit his head. Because he fell into a water drainage system, officials were concerned that his wounds could be contaminated from the possible presence of natural gas and thus took necessary procedures to disinfect the worker. The worker was rescued from the hole after being stuck in the shaft for an hour. He has worked for the department for five years and his name was not released.

Firefighter Ronald Cook commented, “It’s like anything else, it’s time consuming, it takes a lot of guys to do, it’s manpower intensive…We had quite a few companies that turned out to do it and everybody did a great job.”

The state Department of Transportation is reviewing their safety protocol and investigating whether or not the 51-year-old electrician was following their set safety standards. Adam Hurtubise, a spokesman for the Department of Transportation, confirmed that they are “…conducting our own review, and if we determine we need to call in OSHA, we will.”

As reported just last week, this work-related fall has happened a week after an MBTA employee fell 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station. He was walking on a plank of plywood that was covering the shaft when he fell through and was stuck for hours before Boston firefighters could rescue him.

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

Sources:

Worker rescued from shaft in Ted Williams Tunnel, 7-News, whdh.com, April 8, 2011
Department of Transportation worker’s fall in tunnel sparks probe, The Boston Herald, April 9, 2011 Continue reading

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A contractor who was hired to take apart an above the ground pool at a residence in Windham has suffered severe injuries and is in critical condition. Fire Chief Thomas McPherson Jr. reported that, “Preliminary reports indicated that the patient was a contractor who was disassembling an above-ground pool, which had a large amount of ice and water in it, and was being drained…It is believed that, at some point, the metal sides of the pool gave way, striking the patient.”

The victim, Steve Harriman, from Dover, New Hampshire, was reported to have a detached lower right limb just below the knee. He was transported to the Boston Medical Center by a medical helicopter and underwent surgery. He is now in critical condition. Other than the build-up of ice and water in the pool, the cause of this work-related accident has not been determined.

McPherson, who was on the team of responders said, “What we do is prepare the part that has been amputated and take care of that…Hopefully, we can get that person stabilized, get him over to the helicopter, to get him down to Boston, where, hopefully, that limb can be saved and reattached.”

As a victim of a work injury and amputation, an employee is entitled to wage benefits and can also possibly file a claim against the manufacturing company for a faulty product. Employers are obligated to protect their workers from workplace accidents and injuries.

If you have been injured in a work-related accident and to find out if are entitled to wage benefits, contact one of our highly experienced Massachusetts workers’ compensation lawyers for a free consultation.

Source:

Man severs leg in Windham work accident , Eagle Tribune, April 1, 2011 Continue reading

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The Office of Attorney General Martha Coakley has announced that John Cloutier, 46, of East Freetown, Massachusetts, is guilty of Workers’ Compensation Fraud while working for the Department of Correction. From July 2008 to March 2010, Cloutier collected workers’ compensation for a work-related injury and told medical examiners that he could not stand for an extended period of time or take part in any activities that might stress or worsen his injuries. However, it was later discovered and proven that he ran a long-distance marathon and several half-marathons during this same time period.

In March of 2010, a workers’ compensation judge at the Department of Industrial Accidents decided that he was not eligible for any workers’ compensation after his first marathon as they were given evidence that he ran long-distance races from January 2009 to September 2009. Investigations into the matter found that he wrongfully collected over $56,000 after January 2009. The Department of Correction then handed the matter over to the Attorney General’s Office for prosecution in April of 2010.

Superior Court Judge Frances McIntyre charged Cloutier with two and a half years in the House of Correction and with a probation period of five years. During Cloutier’s probation, he is not allowed to work for a public entity, he must inform any employer of his sentence, and he also must repay the entire amount of compensation that he was not eligible for after January 2009 in the amount of $56,733.

To find out if you have grounds for a workers’ compensation case or if you have been injured in the workplace, contact one of our experienced Massachusetts Workers’ Compensation Lawyers for a free consultation.

Source:

Former Correction Officer Pleads Guilty, Sentenced for Fraudulently Collecting Workers’ Compensation Benefits, Office of Attorney General Martha Coakley Press Release, March 30, 2011 Continue reading

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Attorney General Martha Coakley has recently announced that the Boston real estate development and property management company, JM Realty Management, Inc., and President John McGrail, were found guilty of improper removal and disposal of asbestos. The Massachusetts Department of Environmental Protection (MassDEP) witnessed asbestos material at one of their construction sites and employees also complained that the company was working at three different properties containing asbestos in Lynn, Boston, and Worcester, and that the debris was later taken to dumpsters not permitted for the disposal of asbestos waste.

After these complaints to the District Attorney’s Office, an investigation was started by the Massachusetts Environmental Crimes Strike Force (ECSF), a collaboration overseen by the Attorney General, the MassDEP, and the Energy and Environmental Affairs Secretary. A serious violation of the Clean Air Act, asbestos removal and disposal is regulated by the government because breathing in the miniscule fibers can cause potentially fatal health problems and work-related illnesses, such as lung cancer and mesothelioma.

Suffolk Superior Court Judge Regina Quinlan ordered McGrail, age 44, of Boston and JM Realty to collectively pay $200,000 in fines. She also sentenced the defendants to three years probation under the condition that they do not violate federal, state or local environmental laws. The defendants were also ordered to provide all employees with asbestos training and must have an independent auditor to evaluate their environmental actions.

In addition to these environmental charges, the company also faces charges for a lack of proper tax, payroll, and unemployment insurance.

If you or you loved one has suffered from a work illness due to asbestos exposure, you may have grounds for legal action. Contact one of our experienced Boston workers’ compensation lawyers for a free consultation.

Source:

Boston-Based Real Estate Company, President to Pay $200,000 for Illegal Asbestos Removal and Disposal, Office of Attorney General Press Release, March 24, 2011 Continue reading

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A Massachusetts Bay Transportation Authority employee fell down 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station in Boston early this morning. Identified as Edward Rowe, 46, of Haverhill, the employee has worked for MBTA since he was 18 years old.

According to officials, the accident happened around 4:30 a.m. this morning. Rowe, an electrician for MBTA, was shutting off the power to a Red Line rail at the station. He was walking on a plank of plywood that was being used to cover up the deep shaft and subsequently fell through the hole as the plywood gave way. Rowe was stuck for hours before Boston firefighters were able to lift him to the surface around 8 a.m.

A fire department spokesperson, Steve MacDonald, said that, “The only way to get him out was to hoist him straight up…It’s very tough, confined conditions.” Firefighters ended up rigging a pulley system and lowered a firefighter down to where Rowe was trapped so that he could evaluate Rowe and attach him to a safety harness in order to pull him out. After having to adjust the safety harness so that Rowe was not in too much pain, firefighters eventually were able to safely pull him out.

Rowe is now in critical condition at Massachusetts General Hospital where he is reported to have two broken legs. After this early-morning workplace accident, the MBTA General Manager, Richard A. Davey, requested that all plywood used as shaft covers be removed and replaced with metal shaft covers.

If you have been injured at work, our Boston workers’ compensation lawyers can help you explore your legal options with advice and a free consultation.

Source:

Boston firefighters save MBTA worker who fell 30 feet , Boston Globe, March 30, 2011 Continue reading

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After citing a Danvers, Massachusetts, roofing contractor for inadequate guards to protect workers from falling, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has warned all construction employers in Essex and Middlesex counties to take safety precautions against falling hazards. OSHA cited A.C. Castle Construction Co. Inc. of Danvers for potential fall hazards at their residential job site located at 5 Collins Street, in Danvers.

Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties, said, “These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines…Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards.”

The company faces almost $61,000 in fines for 21 citations. They were charged with three repeat citations amounting to $15,200 in fines for falling hazards as high as 19 feet, along with the lack of head protection. Eighteen serious citations were issued with $45,600 in fines for numerous additional safety hazards including exposure to electric shock, frayed electrical lines, lack of head, eye, or foot protection, and for the lack of a competent person overseeing the site who should have been able to identify such hazards.

For all construction and roofing contractors, OSHA provides detailed online information on these mandatory and recommended fall hazard safety topics:

•Employers’ mandatory job to provide fall protection •Criteria and practices of fall protection systems
•Training requirements for employers and employees •Determining roof widths •Guardrail systems
•Fall arrest systems and positioning device systems, such as lifelines that should be connected to the body-belt or harness and attached to anchorage

If you have been injured on a construction site due to your employers lack of safety measures, contact one of our experienced Massachusetts workers’ compensation lawyers for advise on your case and a free consultation.

Source:

US Labor Department’s OSHA urges employers to guard against fall hazards after citing employer at Danvers, Mass., jobsite, OSHA Regional News, March 24, 2011 Continue reading

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A company in Lawrence, Massachusetts, C.I.L. Inc., has been cited and charged with $49,289 in proposed fines carry out metal finishing and processes that increase metal corrosion resistance, such as anodizing and hard coat services. The U.S. Department of Labor’s Occupational Safety and Health Administration found that the company had not fixed their prior hazards cited and that workers were exposed to high chances of electrocution or shock.

OSHA first inspected the company’s plant in 2005 and then in 2007 before their most recent inspection in December of 2010. Because the company has a “higher-than-average” injury or illness rate, OSHA inspected this company under their Site-Specific Targeting Program. This program is in place to target and monitor the most dangerous companies based on injury and illness rates, employee days away from work, and transfer rates. OSHA’s most recent inspection of C.I.L. Inc. revealed that the company had not fixed their previous electrocution hazards, such as the use of extension cords in place of what should have been permanent wires. They also cited them for a repeat violation of inadequate air-flow to a paint booth. These repeat violations amounted to $26,950 in fines.

The company’s five new serious violations, amounting to $22,330 in fines, were cited for the following reasons:

• Lack of ventilation in an area where flammable materials were stored • Waste cans and other materials stored too close to paint spray booths • Cleaning hose with dangerous amount of air pressure • Electrical circuits that were not labelled • Unapproved electrical equipment in an area with flammable paints and solvents
OSHA’s Jeffrey Erskine, the Area Director for Essex and Middlesex counties, warned that, “Left uncorrected, these conditions expose employees to the hazards of fire, electrocution and electric shock…It’s imperative that the employer address these issues thoroughly to ensure their correction and prevent them from happening again.”

A repeat violation is given when an employer previously has been cited for the same or a similar violation of a standard within the last five years. A serious citation is given when there is a high chance that injury or death can result from the safety hazard.

If you have been electrocuted or injured in the workplace, our experienced Massachusetts workers’ compensation lawyers can help. Please do not hesitate to contact us.

Source:

US Labor Department’s OSHA proposes more than $49,000 in fines against Lawrence, Mass., metal finishing plant for repeat and serious safety hazards, OSHA Regional News Release, March 24, 2011 Continue reading

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Following the death of a 20-year-old worker in Ohio last September, the U.S. Department of Labor’s Occupational Safety and Health Administration has drawn national attention to grain storage facility deaths. After inspecting Gavilon Grain LLC, OSHA charged this company with over forty citations and $465,500 in fines for safety violations at their three Ohio facilities in Morral, West Jefferson and Harpster .

OSHA’s Assistant Secretary of Labor, Dr. David Michaels, explained that this death, in which the employee got caught in a discharge auger when cleaning out a grain bin, should have been avoided: “This tragic death could have been prevented had the grain bin owner and operators followed occupational safety standards and learned from the tragedies that have occurred at other grain bins…Grain elevator owners and operators must implement well-known safety practices to prevent workers from being hurt or killed in a grain bin.” Purdue University researchers report that approximately 25 workers in the U.S. were killed in grain equipment last year and that 2010 saw the highest number of grain deaths since they started collecting this data in 1978.

Because the number of deaths related to grain processing is on the rise, OSHA sent a notification letter in February 2011 to grain storage facility operators warning them of grain equipment safety standards. OSHA explains that entrapment deaths occur due to employer negligence, poor safety practices, and non-compliance with OSHA standards. Michaels said that “OSHA will not tolerate noncompliance with the Grain Handling Facilities standard…We will continue to use our enforcement authority to the fullest extent possible.”

Although grain equipment deaths are not as frequent in Massachusetts as in other farming states, grain equipment can nonetheless pose a threat to workplace safety and employers should always take action for a safer workplace. Since 2009, OSHA has cited and fined numerous other grain operators nationwide in order to prevent further workplace injuries or deaths due to grain equipment.

If you have been injured in the workplace, please do not hesitate to contact one of our experienced Massachusetts Work Injury Lawyers for advice on a case and a free consultation.

Source:

US Labor Department’s OSHA cites Gavilon Grain for willful, other safety violations following death of 20-year-old worker at Morral facility, OSHA National News Release, March 16, 2011 Continue reading

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The Occupational Safety and Health Administration has cited PEP Direct LLC, a mailing and printing company based out of Wilton, New Hampshire, with 17 willful and serious citations for violating workplace safety protocol, accompanied by fines of $170,000.

OSHA has cited and fined this company for the following serious safety breaches of workplace safety:

· Three of their four printing presses lacked guarding to protect operators and other workers against being caught or falling into the presses and despite the employer’s knowledge
· Workers were fixing electrical equipment without training, lack of protection equipment, and were fixing live electrical equipment without first turning off the power, all resulting in possible electrocution
· Untrained industrial truck operators
Rosemarie Ohar, OSHA’s New Hampshire Area Director, said that “These conditions, left uncorrected, expose workers to potential death or serious injury from being caught in operating machinery, struck by powered industrial trucks and electrocuted. The employer must comprehensively address all these hazards to eliminate them and keep workers safe…The sizable fines proposed here reflect the breadth and gravity of the hazards found at this plant as well as the employer’s knowledge of and failure to correct some of these conditions.”

Here in Massachusetts, the US Postal Service was charged earlier this year with similar citations and $238,000 in fines for electrical hazards at their Shrewsbury mail processing facility, as previously reported in the Altman & Altman’s Workers’ Compensation Blog.

If you have been injured in the workplace, our experienced lawyers can help. Please do not hesitate to contact us for advice on a workers’ compensation case and a free consultation.

Source:

US Labor Department’s OSHA cites Wilton, NH, direct mail printer and distributor for 17 willful and serious safety violations, OSHA Regional News, March 16, 2011 Continue reading

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The Occupational Safety Health Administration has recently updated procedures to help whistleblowers who believe that their employers are not following safety laws in relation to nuclear and environmental safety or security, clean air, safe drinking water, solid waste, and toxic substances. Now consistent with OSHA’s other whistleblower procedures, the new rule also helps workers to bring the violations of their employers to the attention of authorities and helps those who might have difficulty filing a written complaint or filing a complaint in English. The new rule will ultimately help to prevent workplace safety hazards by providing workers easier access to filing complaints.

Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels said “Silenced workers are not safe workers…Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating an environmental or nuclear safety law.”

The rule provides final regulations of the employee protection agreement, known as the “whistleblower agreement”, of the original Energy Reorganization Act of 1974. OSHA maintains whistleblower regulations for nuclear and environmental workers and also protects workers who report violations of airlines, commercial carriers, consumer products, financial reform, health care reform, pipelines, public transit, railroads, maritime and securities laws. Under the Occupational Safety and Health Act of 1970, employers must provide healthy and safe workplaces for their employees.

For a complete guide to environmental workplace safety standards here in Massachusetts, please visit the Massachusetts Energy and Environmental Affairs website.

If you are a whistleblower and work in an environmentally unsafe workplace or have been injured in the workplace, please do not hesitate to contact one of our experienced lawyers for assistance and a free consultation.

Source:

OSHA publishes final rule establishing procedures for handling nuclear and environmental retaliation complaints, OSHA Trade News Release, March 10, 2011 Continue reading

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