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Attorney General Martha Coakley’s Office announced last week that an agreement has been reached that will prevent an increase in rates paid by businesses for workers’ compensation insurance in Massachusetts until September of 2012. The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts, had proposed a 6.6 percent increase in premiums.

Coakley claims that by freezing these rates instead of increasing them, Massachusetts employers will save up to $65 million. Coakley said “The industry’s request to raise rates could not have come at a worse time for small businesses in Massachusetts…We told the industry that we believed the rate was unjustified and that we would litigate to stop it.” Although the agreement still needs approval from state regulators, President of WCRIBMA, Paul Meagher, 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 set approximately every other year in a hearing before the Commissioner of Insurance. Coakley’s office will also be able to review this year’s insurance data before determining whether a further rate freeze will also be necessary in 2012. Businesses in Massachusetts are obligated to purchase workers’ compensation insurance to provide coverage for workers injured on the job and their lost wages.

If you have been injured at work or have a question regarding a workers’ compensation case, our experienced lawyers can help. Please do not hesitate to contact us for a free consultation.

Sources:

Deal will keep Mass. workers comp rates flat, BusinessWeek, The Associated Press, March 2, 2011
Agreement Leaves Massachusetts Workers’ Comp Rates Flat, Insurance Journal, March 2, 2011 Continue reading

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The Occupational Safety and Health Administration has recently released a compliance guide to help small construction businesses adhere to an important new rule for the use and operation of cranes and derricks. The new standard, Cranes and Derricks in Construction, was introduced in August of 2010, and had not been updated since it was first issued in 1971. Since then, there have been a large number of deaths and injuries related to cranes and derricks and also significant technological improvements to the cranes, both of which the new standard aims to address. It is estimated that crane and derrick accidents are the cause of approximately 22 fatalities and 175 injuries per year.

The compliance guide that was released on Tuesday, March 8, 2011, aims to help smaller businesses understand the changes and adhere to the new standard in order to promote a safer work environment for the construction industry. Some of the updated requirements include inspections of crane parts before they are assembled and assessment of ground conditions. The guide also outlines the new requirements which include, but are not limited to:

• Crane operators will need to be officially qualified or certified as of November 10, 2014.
• Clearance distances from power lines and to protect workers against electrocution hazards.
• Use of synthetic slings when climbing tower cranes and other assembly activities, and use of approved riggers, to ensure the structural stability.
• The new standard includes equipment that was not covered or had very few requirements in the prior standard, such as floating cranes.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, said “Over the past four decades, we’ve continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations…This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents.” For the complete guide, visit OSHA’s Small Entity Compliance Guide for Final Rule Cranes and Derricks in Construction.

If you have been injured while working on a construction site or have a question about a case, feel free to contact one of our experienced attorneys for a free consultation.

Source:

OSHA issues guidance document to help small businesses comply with cranes and derricks rule, OSHA Trade News, March 8, 2011 Continue reading

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The Philadelphia retail and car service company, Pep Boys, has been charged by the US Labor Department’s OSHA with repeat and serious citations. After an inspection at the company’s Hamden, Connecticut, facility, OSHA found that workers were exposed to numerous work safety hazards, including potential electric shock due to damaged power cords and laceration hazards due to the lack of a safety guard on a grinder. The company was previously charged with similar citations at their Orange facility in Connecticut, and were thus charged with $70,000 for these serious repeat violations. They were also charged with $5,000 for the lack of cover plates on electrical outlets and a snap switch box.

OSHA’s Area Director in Bridgeport, Robert Kowalski, said “The size of these fines reflects the fact that Pep Boys previously was cited for a number of similar hazards at its Orange, Conn., location…It would be to the benefit of its workers’ safety companywide for this employer to determine if similar hazards exist at other stores and to eliminate them if they do.” Here in Massachusetts, Pep Boys has facilities in Everett, Dedham, Salem, Springfield, and West Springfield.

OSHA issues a serious citation when there is a significant probability that death or physical harm could happen from a workplace safety hazard that the employer knew about and/or should have already fixed. OSHA issues a repeat citation when the employer was previously cited for the same or similar violations of workplace safety within the last five years.

If you have been injured at work, feel free to contact one of our experienced lawyers for a free consultation.

Source:

US Labor Department’s OSHA cites Pep Boys for machine guarding and electrical hazards at Hamden, Conn., location, OSHA Regional News Release, March 3, 2011 Continue reading

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Two Massachusetts contractors have been cited for similar trench violations by the U.S. Department of Labor’s Occupational Safety and Health Administration within the past week.

On February 25, 2011, the first contractor cited was A.A. Will Corp., of Stoughton, for willful and repeat violations of workplace trench safety at the Massachusetts Bay Transportation Authority’s Wonderland Station in Revere, where they were installing electrical vaults in the parking lot of the station. Prompted by complaints of an unsafe jobsite, OSHA found workers in a ditch deeper than 5 feet without collapse protection or a ladder, which is a repeat violation for this contractor for a similar situation in February 2010 at a Boston jobsite. The company faces $69,300 in proposed fines.

The second contractor cited, Trainor Construction Co., of Canton, Massachusetts, was cited on February 28, 2011, for willful and serious violations of workplace safety at a jobsite at 270 Centre Street in Boston. Upon the inspection of the jobsite, where Trainor was replacing a water main, OSHA found that a 7-7 1/2 foot trench had inadequate protection against collapse and lacked the needed bracing for an unsupported concrete structure next to the excavation. Furthermore, employees were not wearing reflective vests or bright clothes to protect them from oncoming vehicle traffic. The company faces a total of $29,000 in proposed fines.

OSHA recognizes trenching and excavating as one of the most dangerous aspects of construction because of the risk of cave-ins. Thus, OSHA requires that all trenches deeper than 5 feet need to be guarded and braced for potential collapse. Soil analysis is also important before digging starts. Additional hazards, such as underground power lines or natural gas, also need to be noted. Prior to workers entering the trench, it needs to be inspected by someone who is trained in trench safety. OSHA provides a complete overview of their trench safety requirements on their Trenching and Excavation page.

OSHA’s Area Director for Boston and Southeastern Massachusetts, Brenda Gordon, said, “An unprotected trench can become a prison or a grave in seconds if its walls cave in on workers…Employers should never allow employees into a trench until it has been effectively protected against collapse. Workers’ lives depend on it.”

Our lawyers have over 25 years of experience representing clients who have been injured on the job. Please do not hesitate to contact us if you would like a free consultation.

Sources:

US Labor Department’s OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protection at Revere, Mass., jobsite, OSHA Regional News Release, February 25, 2011
US Labor Department’s OSHA cites Canton, Mass., contractor for failing to provide cave-in protection at Boston jobsite, OSHA Regional News Release, February 28, 2011 Continue reading

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Paul Newcomb, a Rutland firefighter, was injured on the job while on ambulance duty. He ruptured a disc in his back when lifting a patient into an ambulance on February 2, 2010, and has since been out of work. After an operation to remove the disc and implant titanium rods in his back, his doctors told him that he could no longer work as a firefighter.

Because he was injured on the job while working on an ambulance, the town of Rutland is trying to switch the cost of his salary from the funds of the town to workers’ compensation insurance by arguing that he was working as a paramedic, not a firefighter. In Rutland, and a few other cities in Massachusetts, firefighters are required to work, without a difference in job titles or pay, as paramedics or emergency medical technicians.

Edward Kelly, Interim President of Professional Firefighters of Massachusetts, said that the Rutland officials are “maliciously interpreting the intent of the law which protects police and firefighters who are injured in the line of duty…And to victimize this firefighter and his family is an insult to the firefighters of Rutland and the people of the town.” Newcomb, who says that he would lose about 40 percent of his income before he eventually retires on disability, said that “Of course, I’m looking out for myself and my family first…But I also have to think about all the other firefighters who could be affected by this.”

The issue remains unresolved despite an executive session meeting between the City of Rutland and Newcomb. About 30 firefighters from Worcester, Shrewsbury, Holden, and Rutland, showed up to support Newcomb. Some of these firefighters voiced their opinions and are worried about how the law can be interpreted to mean that they are not covered if working in an ambulance.

With over 25 years of experience representing workers’ compensation clients who have suffered from injuries on the job, our experienced lawyers can help you. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Source:

Rutland firefighter’s injury case has wide-reaching implications, Telegram & Gazette, February 25, 2011 Continue reading

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It was forty years ago that the Occupational Safety and Health Administration was founded on April 28, 1971. The Occupational Safety and Health Act was signed by President Nixon in December of the previous year, marking a starting point for healthier workplaces and a decrease in workplace deaths and injuries in the United States. The Occupational Safety and Health Act of 1970 requires that employers are responsible for providing a safe and healthy environment for their workers. OSHA’s task is to establish these standards of workplace safety, enforce them, and provide the training and education needed for a safe workplace.

In honor of OSHA’s anniversary and as a commemoration of their progress over the past forty years, the public is invited to visit an online timeline of the organization’s history. Assistant Secretary of Labor for OSHA, Dr. David Michaels, said “We hope you will join us in this anniversary year as we recognize OSHA’s accomplishments and reaffirm our dedication to the agency’s mission,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America.”

Here in Massachusetts, workers’ compensation acts and workplace safety standards were established as early 1911. Massachusetts has helped to pave the way for other states to adopt worker compensation laws and safer workplaces.

Throughout the Boston area and greater Massachusetts, our experienced Boston lawyers have represented workers’ compensation clients who have suffered injuries due to workplace hazards. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Sources:

OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America, OSHA Trade News Release, February 24, 2011 Continue reading

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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently cited a Masssachusetts contractor currently working on the Hultman Aqueduct project in Weston for repeat and serious violations of workplace safety. The Barletta Heavy Division Inc., from Canton, has been charged with a $52,500 fine for these violations.

Barletta’s previous citations were from inspections in 2008 for potential fall hazards at their jobsites at Commonwealth Pier and Ashmont Station in Boston. When OSHA inspected the aqueduct tunnel, they found similar hazards, such as an unprotected 14-foot fall and an inadequate ladder that did not reach over the edge the required three feet, making the ladder unstable. The company is charged with $37,500 for these repeated safety violations.

Furthermore, OSHA cited Barletta with three serious violations for extremely high noise in the tunnel and their employees did not have hearing protection, a lack of fire extinguishers in the tunnel, and for a live electrical panel that was exposed. OSHA issues serious citations only when there is a serious possibility that death or injury could result from a workplace hazard that the employer could have fixed. These three serious citations resulted in $15,000.

Our experienced lawyers have represented clients throughout Massachusetts who have suffered injuries due to workplace hazards for over 25 years. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Source:
US Department of Labor’s OSHA cites Canton, Mass., contractor on Hultman Aqueduct project in Weston, Mass., for repeat and serious violations, OSHA Regional News Release, February 22, 2011 Continue reading

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W.R. Grace, the chemical company that is accused of asbestos contamination throughout the United States, will pay over $800,000 and will continue cleaning their nine contaminated sites in Massachusetts. Attorney General Martha Coakley’s Office, who made the claims on behalf of the Massachusetts Department of Environmental Protection (MassDEP), has recently approved the settlement with W.R. Grace. The company will have to pay MassDEP $700,298, including 4.19% interest, and $105,582.97 with 4.19% interest for past clean-up costs.

After hundreds of thousands of lawsuits involving past employees and people living near their plants who were exposed to asbestos, W.R. Grace filed for bankruptcy in 2001. Attorney General Coakley said: “W.R. Grace has the means to pay its environmental liability to the Commonwealth and perform cleanup actions at its contaminated properties…We are gratified that the bankruptcy court agreed it would be wrong to allow Grace to walk away from its responsibilities.”

The nine contaminated sites throughout the state are: the former Zonolite Plant in Easthampton, the Daramic Plant in Acton, the Cambridge Plant in Cambridge, the Knox Trail site in Acton and Concord, a pipeline alongside the Massachusetts Military Reservation in Sandwich, the Acton Superfund site in Acton and Concord, the Wells G&H Superfund site in Woburn, the Blackburn & Union Privileges Superfund site in Walpole, and the Sutton Brook Superfund site in Tewksbury.

Asbestos is a natural mineral fiber that has been commonly used in manufactured products such as building construction materials for insulation and as a fire-retardant. Asbestos is resistance to heat and decay but can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body for years causing numerous lung diseases, cancers, and possibly death.

Workplace exposure of asbestos can be common among people who work in mining industries, and industries that make or use asbestos products on a regular basis. Asbestos exposure at work is most often found in the construction industry (especially when building demolition or renovation jobs are involved), the manufacturing of materials containing asbestos (such as insulation or tiles), and the car repair industry, especially if repairing brakes or clutches.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or illnesses because of unsafe work conditions. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Sources:

AG Coakley’s Office Will Recover Over $800,000 From W.R. Grace in Bankruptcy Proceedings, W.R. Grace Also Commits to Perform Ongoing Cleanup of Contaminated Sites, Office of Attorney General Coakley Press Release, February 15, 2011
Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection Continue reading

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The Beverly facility of the Northeast Hospital Corporation faces up to $63,000 in fines for serious and repeat violations of electrical hazards. After a hospital employee brought the workplace hazards to the attention of authorities, the Andover Area Office of the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an inspection in which they found that there was a high potential for employee electric shock, resulting in four serious citations and $28,000 in fines.

Reasons for OSHA’s citations included:
• Employees lacked protective guards while working on energized electrical equipment
• Electrical protective equipment was not tested regularly • Electrical safety practices were not used • Procedures not implemented to control hazardous energy while replacing breakers

Additionally, OSHA issued a repeat citation and a fine of $35,000 for dormant openings in electrical panels and cabinet motor control centers that should have been closed, as previously cited in May of 2010, but were not yet fixed. Jeffrey Erskine, OSHA’s Area Director for Essex and Middlesex Counties said, “Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here…it is vitally important for the safety and well-being of employees working with electricity that they be properly trained and equipped with effective protective equipment.”

OSHA issues such citations when it is likely that death or a serious physical injury could result from a hazard that the employer knew about or should have known about. Under the Occupational Safety and Health Act of 1970, employers are responsible for ensuring safe and healthy workplaces for their employees.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries because of inadequate workplace safety. If you have a question in regards to an electric shock or workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Source:

US Department of Labor’s OSHA cites Northeast Hospital Corp. for failing to protect workers against electrical hazards at Beverly, Mass., facility, OSHA Regional News Release, February 14, 2011 Continue reading

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Winter continues to be a work hazard in Massachusetts. A young man who was hired to shovel snow off of the Antico Industrial Park roofs in Waltham, fell approximately 25 feet through a skylight at 108 Clematis Avenue. The young man who is in his early twenties remains unidentified. He survived the fall with only minor injuries and was conscious upon arrival of the emergency crew. He was taken to Beth Isreal Deaconess Hospital.

According to Waltham Fire Deputy Chief, Thomas MacInnis, “Halfway down, he hit a sprinkler pipe, which broke his fall a little, and then he landed on boxes half-full of printed material. That definitely broke his fall, so he was kind of lucky.”

Our experienced attorneys have been working with personal injury and workers’ compensation victims for over 40 years. If you have a question or would like a free consultation, feel free to contact us and speak to one of our attorneys.

Sources:

Man Clearing Snow Falls Through Window in Waltham, WalthamPatch, February 10, 2011
Man falls through skylight while clearing Waltham roof of snow, Wicked Local Waltham, February 11, 2011 Continue reading

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