Massachusetts Workers' Compensation Lawyer Blog

February 11, 2011

Judge Confirms OSHA’s Citations Against Boston Contractor

Administrative Law Judge Covette Rooney has recently ruled to uphold the U.S. Department of Labor’s eight citations for excavation violations, numerous construction hazards, and $91,200 in fines issued to a Boston contractor for insufficient work safety at a jobsite in Newton, Massachusetts. Shawn Telsi, doing business as Life Time Homes, Green Pines and/or Telsi Builders contested the citations and fines brought against him by the Occupational Safety and Health Administration (OSHA). Telsi subsequently had the case heard by Rooney, a commission administrative law judge, who found all four willful and four serious citations against the company to be valid. The citations were issued due to the lack of head protection, the deficiency of cave-in protection in a pit that was at least 14-feet deep, for not having a safe exit from the excavation, soil that was in multiple piles at the edges of the trench, and because of the risk of impalement due to protruding and unguarded steel rebar. Marthe Kent, OSHA’s New England regional administrator, said “Serious, life-threatening hazards remained uncorrected even after they were brought to this employer’s attention…had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris.”

Michael Felsen, the Labor Department’s regional solicitor for New England, said “Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences.” Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees.

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

Source:

US Labor Department secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor, OSHA Regional News Release, February 7, 2011 Continue reading

February 8, 2011

Massachusetts Attorney General Proposes More Serious Charges Against Failure to Provide Workers’ Compensation

by Altman & Altman

Failure to carry workers’ compensation coverage for employees in Massachusetts is currently only a misdemeanor. Massachusetts Attorney General Martha Coakley has recently pushed for more serious punishment against employers who do not provide workers’ compensation for their employees. Under Coakley’s proposed bill, failure to carry workers’ compensation will be a felony in Massachusetts, which is the same charge for workers’ compensation fraud. Sponsored by Senator Katherine Clark (D-Melrose) and Majority Whip Ronald Mariano (D-Quincy), this new bill would not only make the punishment consistent with workers’ compensation fraud, but would also penalize the employer with the same punitive measures as workers’ compensation fraud, which is currently five years of prison or a fine of $10,000.

Proposed within a legislative agenda of nine new bills, Coakley commented that: “These bills tackle a number of important challenges in our Commonwealth, including protecting public safety…and more effectively combating fraud and corruption…Our office is working to address these challenges in a comprehensive way, and these new laws would assist our efforts and others across the Commonwealth.”

Other bills within her agenda include legislation to prevent unnecessary foreclosures, human trafficking legislation, economic crime legislation, corporate manslaughter, metals dealing, and legislation against methamphetamine drug trafficking. For a complete list of the proposed legislation, visit the press page released by Coakley’s office: AG Coakley Announces Legislative Agenda.

Source:

Massachusetts Attorney General Wants Tougher Workers’ Comp Penalties, Insurance Journal, January 31, 2011 Continue reading

February 4, 2011

OSHA Withdraws Two Important Workplace Safety Proposals

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor recently withdrew two separate proposals that are key to safety at the workplace. On January 25, the agency temporarily withdrew a proposed regulation that would have reinstated a column on work-related employer logs that would have required employers to record their workers’ musculoskeletal disorders (MSDs). Likewise, a proposal to rehabilitate the workplace standard of loud noise hazards, possibly resulting in hearing loss, was also withdrawn earlier in the month.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health,
stressed that although MSDs are the most common amongst workplace injuries, “it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community.” OSHA and the U.S. Small Business Administration’s Office of Advocacy are scheduled to hold a meeting with small businesses from across the country via telephone and/or a Web forum about this proposal.

In regards to the withdrawn noise standard proposal, Michaels commented that although hearing loss caused by loud noise in the workplace is a significant problem, he stated, “it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated…and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.” The Bureau of Labor Statistics reports that in 2008, noise hazards in the workplace caused over 22,000 workers to have partial or permanent hearing loss.

Michaels has confirmed that OSHA is committed to each of these issues and continues to investigate ways to prevent hearing loss for workers in addition to having workplace injuries reported in a more detailed and thorough manner.

Sources:

US Labor Department’s OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses, OSHA Trade News Release, January 25, 2011
US Department of Labor’s OSHA withdraws proposed interpretation on occupational noise, Agency examines other approaches to prevent work-related hearing loss, OSHA Trade News Release, January 19, 2011 Continue reading

February 2, 2011

Roof Dangers Affecting Many in Massachusetts

by Altman & Altman

Multiple roofs in Massachusetts have recently collapsed with the downpour of snow over the past few days. In Easton on Wednesday, the roof of a commercial building collapsed with workers inside the structure. All of the workers in the building escaped unscathed. Also on Wednesday, at the Norwood Airport, a hangar partially collapsed at Swift Aviation Services. Several aircrafts were damaged and one worker was trapped inside the hangar for a short time.

On January 28th, in Stoughton, the roof of an empty commercial building collapsed, damaging also four neighboring commercial buildings. Although the building was already scheduled for repairs due to an earlier fire, the heavy accumulation of snow on the roof was the partial reason for this collapse.

With more snow and freezing rain forecasted over the next few days, the State is taking measures to ensure the safety of all workers, and the Massachusetts Emergency Management Agency is recommending that all property managers and building owners safely clear the snow off of their commercial roofs as soon as possible. MEMA Acting Director, Kurt Schwartz, warns that “Flat, commercial roofs are most susceptible if they are not draining properly.” Because the snow is now turning into freezing rain throughout New England, the rain and ice will soak into the existing snow, making a roof even heavier and more vulnerable to a structural collapse.

Sources:

Workers Escape Ahead of Mass. Building Collapse, The Boston Globe (www.boston.com), February 2, 2011
MEMA warns people to clear snow off their roofs, New England Cable News (www.necn.com), February 2, 2010
Roof Collapse & Storm Drain Safety Information, Massachusetts Emergency Management Agency Continue reading

January 24, 2011

OSHA Addresses Hazards of Diacetyl Used by Microwave Popcorn Manufacturers

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) recently revised its National Emphasis Program (NEP) on Microwave Popcorn Processing Plants in order to reduce worker exposure to the chemical diacetyl.

Diacetyl is a chemical used to add flavor and aroma to food and other products. Some workers who breathe diacetyl on the job have become disabled or have died from severe lung disease. Recent studies show that certain diacetyl substitutes, such as 2,3-pentanedione, have produced similar health effects as diacetyl, and therefore, may also cause harm to workers.

“Illnesses and death from these chemicals are preventable and this revised directive will help ensure that employers use necessary measures to protect workers from this hazard, ” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

January 21, 2011

Amesbury Manufacturer faces over $40,000 in Fines

by Altman & Altman

On January 20, 2011, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Durasol, Corp., which manufactures hard gum erasers, for 13 serious violations of workplace health and safety standards at its plant in Amesbury. The manufacturer faces $43,800 in proposed fines.

The citations were issued for a lack of an emergency action plan, inadequate employee training in responding to emergencies, inadequate respirator training, lack of respirator fit-testing and medical evaluation, failure to evaluate respiratory hazards, unmarked exit routes, unlabeled containers of chemicals, severely corroded electrical equipment, an extension cord used in place of permanent wiring, inadequately guarded floor holes, missing stair rails, and an uninspected and improperly located emergency eyewash/shower.

OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

January 17, 2011

Family of Injured Worker Raises Money for Recovery

by Altman & Altman

On Saturday, January 22nd, the Friends of Jim Young fundraising committee will host an event on behalf of the Young Family at the Moose Lodge in Merrimac. The committee was formed after Mr. Young was severely injured in an electrical accident while working for Georgetown Electric last September.

He was injured after coming in contact with energized wires while working on a pole during scheduled maintenance near 36 Jackman Street in Georgetown. He lost both of his arms due to the accident.

Young spent eight weeks at Massachusetts General Hospital and Spaulding Rehabilitation. Currently, he is receiving physical therapy at Whittier Rehabilitation. Proceeds from the fundraiser will go to the Young family and aid in his recovery.

January 13, 2011

Plainville School Employee Seriously Injures Hand While Clearing Snow

by Altman & Altman

Working alone on Wednesday after the most recent blizzard to hit the East Coast, a Plainville school department employee suffered a serious hand injury while clearing snow at the Jackson School on Route 106. The man stuck his hand in the jammed snowblower to clear an obstruction and, subsequently, got caught in the machine.

A tow truck crew from Achin’s Towing in North Attleboro heard the man’s screams as they were driving by and stopped to help. The workers applied pressure to his hand to stop the bleeding and called 911, Plainville Fire Chief Ted Joubert said. The victim was treated by Plainville paramedics and was taken to Rhode Island Hospital in Providence because of the seriousness of the injury.

Fire and hospital officials cautioned residents to take it easy when clearning snow from their driveways and cars. Fire officials also recommended clearing fire hydrants nearby their homes.

Dr. Brian Kelly, assistant chief of ambulatory care at Sturdy Memorial Hospital advised residents to pace themselves while shoveling snow.

Source:
Winter Storm Wallops Area, The Sun Chronicle, January 12, 2011 Continue reading

January 12, 2011

Worcester Contractor Fails to Provide Cave-in Protection to Trench Workers

by Altman & Altman

On Monday, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued JE Amorello Inc. willful and serious citations for exposing workers to trenching hazards at a Quincy worksite.

OSHA’s inspection found Amorello employees working in a trench deeper than 8 feet that lacked proper shoring or sloping of its sidewalls to prevent them from collapsing onto the workers. Investigators also found that the trench did not have a ladder so workers could swiftly exit the trench, and that bricks and excavated material were stored at the edge of the trench wall.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. “Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts.

The Worcester, Mass., contractor faces a total of $20,020 in proposed fines.

Source:
US Labor Department’s OSHA cites Worcester, Mass., contractor for failing to provide cave-in protection at Quincy, Mass., jobsite , Newswire.com, January 10, 2011 Continue reading

January 9, 2011

OSHA announces new directive to protect residential roofing workers

by Altman & Altman

The The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) ended the year with a refreshed perspective on roofing worker safety, opting to replace the Clinton-era safeguards with a more robust directive to protect against falling accidents during residential construction jobs.

According to Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels, “Fatalities from falls are the number one cause of workplace deaths in construction.”

The Bureau of Labor Statistics reports that an average of 40 workers are killed each year as a result of falls from residential roofs, and one-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections.

OSHA’s new directive requires that all residential construction employers comply with 29 Code of Federal Regulations 1926.501(b)(13), which will no longer allow certain employers to use alternative methods of fall protection in lieu of conventional fall protection. To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

Source:
US Labor Department’s OSHA acts to protect residential roofing workers, U.S. Department of Labor News Release, December 22, 2010 Continue reading