Massachusetts Workers' Compensation Lawyer Blog

February 11, 2009

Construction Worker’s Death Raises Concerns Over Safety On-the-Job

Following the death of a construction worker from Hidalgo, Mexico, an estimated three dozen people attended a vigil in front of the site of the construction accident to raise awareness about safety on-the-job. The worker was killed in January when a section of a concrete wall fell on him. An inspection revealed that the wall lacked metal supporting bars and proper footings, so all existing construction on the site was ordered to be demolished.

The wall collapse was one of three work-related deaths to occur in the area in recent months. In December, a sanitation worker was killed after a garbage truck backed into him, and in November, a seasonal worker at Wal-Mart was trampled by a crowd of shoppers on Black Friday.

The Immigrant Worker Occupational Health and Safety Committee of the Workplace Project and the New York Committee for Occupational Safety and Health sponsored the vigil to highlight the need for greater attention to workplace safety.

“Unless every worker can work safely, then no worker can work safely,” Suffolk Legislature deputy presiding officer Vivian Viloria-Fisher said. “We have to be concerned that everyone who goes out to do a day’s work, who also is a human being, is protected.”

Federal officials from OSHA are investigating the January construction accident along with the Suffolk District Attorney’s office.

Vigil held for builder killed at construction site, Newsday.com, February 9, 2009 Continue reading

February 9, 2009

Falling Crane Kills Boston Worker, Injures Another

by Altman & Altman

On Saturday morning, a crane accident in Boston’s Downtown Crossing neighborhood seriously injured two workers. As they were inspecting the roof of a dormitory building at Suffolk University, the 110-foot-tall aerial lift tipped over.

One of the workers, identified as James Williamson, was thrown into a condo building on West Street and died Saturday night at Massachusetts General Hospital. Williamson was an employee of Tremco Roofing and Building Maintenance, which is cooperating with authorities in the investigation.

The other worker, Greg Johnson, fell or jumped onto a second-floor rooftop as the crane fell. He was initially listed in serious condition, but his status was changed to fair the following day. Johnson is an employee of Reliable Roofing, which was fined by OSHA last spring for failing to provide guardrail systems, safety net systems, or personal fall arrest sytems.

Federal safety officials and Boston homicide detectives were on the scene through the weekend to investigate the cause of the crane crash.

Firm is cooperating as death on crane investigated, Boston Globe, February 9, 2009
Crane falls down, killing worker, Boston Globe, February 8, 2009 Continue reading

February 5, 2009

Swansea Man Killed in Forklift Accident

by Altman & Altman

A Massachusetts man stationed in Iraq died recently after someone in his unit backed over him with a forklift. Army officials told the family of Sergeant Kyle Harrington that the forklift accident was under investigation and that his death was “training duty-related” and “non-hostile.” The 24-year old Swansea native was on his second tour of duty in Iraq and was assigned to repair Humvees and other vehicles.

When dealing with forklifts and other heavy equipment, it’s important to follow proper safety precautions to avoid death or serious injury. Accidents involving a forklift, scaffolding, welding equipment, on-site explosions, or other hazards can often result in permanent physical, emotional, and psychological damage to the victim. The impact of an accident can also take its toll on the family of the injured worker, who often must support the victim emotionally and financially after a serious accident.

Swansea soldier on duty in Iraq killed in accident, Providence Journal, January 26, 2009
Local soldier dies in forklift incident, WPRI.com, January 25, 2009 Continue reading

February 2, 2009

OSHA Teams up with Massachusetts AFL-CIO to Teach On-the-Job Safety

by Altman & Altman

A new alliance between OSHA and the Massachusetts AFL-CIO plans to give students in Massachusetts alternative high schools training in reducing and preventing on-the-job hazards. This alliance will provide students with OSHA’s 10-hour construction and general industry outreach courses and develop lessons to teach teens about workplace safety and health.

According to Marthe Kent, OSHA’s New England regional administrator, “These students will be able to carry this vital information with them on whatever career paths they choose to follow. Their employers will also benefit, since a motivated and safety-conscious workforce can lead to reduced injuries and illnesses and their associated human and financial costs, enhance productivity and increase employee morale.”

Signed at the Boston Day and Evening Academy in Roxbury, this alliance in Massachusetts is one of 470 alliances across the country that are aimed at encouraging health and safety awareness in the workplace.

OSHA And AFL-CIO Provides Safety Training To Alternative High School Students, WorkersCompensation.com, January 19, 2009 Continue reading

January 29, 2009

Construction Worker Sustains Leg Injury in Forklift Accident

by Altman & Altman

At a natural gas equipment yard, a construction worker for Elcorn Construction was using a forklift when the heavy machine ran over his leg. Fire crews responded to the forklift accident and flew the construction worker to St. Mary’s Hospital.

According to the fire chief, the worker’s injuries were not life-threatening. His condition was unknown.

Construction sites are often fraught with potential safety hazards including heavy equipment, fires, on-site explosions, exposure to hazardous materials, welding accidents, and more.

According to the Bureau of Labor, more than 5,000 construction workers died in construction accidents in 2006, but many more sustained serious injuries. Many of these injured workers lose their ability to work because of permanently debilitating injuries such as traumatic brain injuries, severed limbs, and spinal cord injuries.

For this reason, the Occupational Safety and Health Administration (OSHA) requires companies to follow safety precautions to prevent workers’ exposure to hazardous conditions.

Construction accident sends 1 to hospital, KJCT8.com, January 21, 2009 Continue reading

January 26, 2009

Boston Construction Accident Kills Worker

by Altman & Altman

On Friday, a Boston construction worker was killed at a construction site in the Financial District. The worker, a 31-year-old male, was struck by a brick about 2 feet in size and died at the scene of the construction accident.

According to a spokesman for the Boston Fire Department, firefighters were called to the construction site at 270 Congress Street around 10:08am. Responders tried unsuccessfully to resuscitate the injured worker, who witnesses say was doing excavation work about 10 feet below the surface.

The construction project was 31-story office tower under development by Boston Properties and Moriarty Construction. Workers are also renovating the Tufts Graphic Art building, which is adjacent to the office tower. The construction accident is under investigation.

Construction worker killed in job site accident, Boston Herald, January 23, 2009
Construction worker killed in downtown Boston accident, Bosotn Globe, January 23, 2009 Continue reading

January 23, 2009

Crane Company Fined After Accident Kills Four

by Altman & Altman

Last week, the Occupational Safety and Health Administration announced that it has cited a Louisiana crane company for alleged safety violations. Of the eight violations, six are considered serious. The total proposed fines carry $71,500 in penalties.

An investigation into safety at the facility began July 18, when four workers were struck and killed by a falling crane. According to a statement released by OSHA, the boom reached an unsafe angle and caused the crane to collapse backward onto the workers.

A representative from OSHA said that if the project superintendant had enforced safety regulations, then it is possible that the crane accident could been avoided. There are also concerns that the crane operator may not have received adequate training. The company has 15 days from receipt of their citations to comply with safety regulations, request a meeting with OSHA, or contest the fines.

Louisiana crane company fined for accident that killed four, Houston Chronicle, January 16, 2009 Continue reading

January 21, 2009

Low Temperatures Raise Risks for Construction Workers

by Altman & Altman

With recent temperatures in Boston and across New England in the single digits this past weekend, the weather poses a special challenge to those who work on construction sites. In addition to the discomfort of working in frigid temperatures, cranes cannot be operated when temperatures go colder than four below. Those who climb to the top of a crane ladder know that the temperatures at the top can be even chillier than on the ground.

High winds create another hazard for construction workers during the winter months, especially workers who climb scaffolding or ladders high above the ground. Cold temperatures can also cause workers to lose feeling in their hands, resulting in falls or other unsafe conditions.

Workers are advised to dress in layers and observe proper safety precautions to avoid weather-related accident.

Hard At Work Despite Frigid Temperatures, MSNBC, January 16, 2009
With a Forecast of Weather in the Single Digits, Workers are Warned by New York Construction Accident Lawyers to Think Twice Before Heading Off to the Construction Site, PR Web, January 16, 2009 Continue reading

January 19, 2009

Worcester Plant Gets Fined for Safety Hazards by OSHA

by Altman & Altman

A Worcester, Massachusetts gun manufacturing plant and testing facility has been cited and fined by the Occupational Safety and Health Admininstration (OSHA) for unsafe working conditions. The plant was inspected by OSHA after employees voiced concerns about inadequate safety measures such as protecting employees from overexposure to lead and from being struck by fragments during test firing of guns.

During its inspection, OSHA determined that the manufacturing plant had not conducted the mandatory monitoring to check employees’ lead exposure levels nor did they use engineering controls to reduce exposure levels, resulting in two willful citations with a proposed fine of $98,000.

In addition, the company received seven serious citations totally $17,500 in penalties. The citations cover a lack of lead monitoring and controls, shortcomings in the plant’s respirator program, a lack of protective clothing, and several other deficiencies. OSHA standards are designed by protect employees from potentially harmful lead exposure and other workplace hazards.

OSHA Fines Arms Plant for Lead Exposure and Firing Range Hazards, Safety.blr.com, January 13, 2009 Continue reading

January 12, 2009

National COSH Releases Its List of Goals for Protecting Workers

by Altman & Altman

On Friday, the National Council on Occupational Safety and Health, which includes 21 local and state committees/coalition and the Massachusetts Coalition for Occupational Safety and Health, released its agenda for protecting workers on the job in 2009.

Their seven-item platform includes making health and safety a high priority for President Obama and the incoming Congress and ending the exemption for federal or state workers and farms with less than 11 workers in an effort to count all injuries and illnesses occurring on the job.

National COSH also plans to reduce or eliminate the use of toxic chemicals, reform workers’ compensation programs so that all injured workers gain access to health care, and boost worker involvement in identifying and eliminating workplace hazards. Also on the agenda is creating programs to assist vulnerable segments of the workforce including Hispanic workers.

NCOSH, APHA Urge New Agenda for Protecting Workers, Ohsonline.com, January 6, 2008 Continue reading