Massachusetts Workers' Compensation Lawyer Blog

Massachusetts Senate to Consider Greater Penalty for Failure to Purchase Workers’ Compensation

Wed, 18 Apr 2012 23:51:10 -0500

Under current Massachusetts law, the failure of a business owner to purchase workers’ compensation for their employees is considered a misdemeanor—which carries a fine of up to $1500 or a year in prison. However, some believe the penalty is too light and hope to raise the penalty. According to reports, this week, the Massachusetts Senate will consider a bill that would raise the violation to a felony—which is already the fine for workers’ compensation fraud and carries a fine of up to $10,000, 5 years in prison or 2.5 years in jail. Currently, if a business owner does not purchase workers’ compensation, the state must pay for the compensation from a state trust fund—which comes from employers who do pay for workers’ comp and which reports indicate cost $26 million from the fund in the last 5 years.

As with all changes, however, there is opposition from those who believe the penalty is already high enough. We will update you with the progression (or lack thereof) of the bill. If you have any questions about the bill, its progress, or how it may affect you, feel free to contact an attorney.

Workers' compensation failure a felony under bill before Senate, BostonHerald.com, April 15, 2012

MA Supreme Court makes Positive Decision for Workers' Comp Disability Benefits

Thu, 22 Mar 2012 00:29:16 -0500

In a recent decision, the Massachusetts Supreme Court found that workers’ compensation disability benefits could, in some cases, be calculated based on the worker’s current weekly earnings at his most recent job—even if that job is not in Massachusetts.

The controlling precedent for the lower court’s decision in this case was Letteney’s Case, where the court held that wages earned outside of Massachusetts could NOT be used to determine current workers’ compensation benefits. In the case at bar, the court reined in that holding—limiting it to cases involving “out-of-State wages earned after suffering latent injuries (such as from exposure to asbestos) that do not result in eligibility for incapacity benefits for at least 5 years.”

Scott Wadsworth, the plaintiff in the case, was certainly pleased. Wadsworth was injured in a metal rolling machine accident (his right hand was crushed) in 1980 while on the job at a Massachusetts corporation. He received benefits for incapacity from 1980-1988. He then started a job in Connecticut. He underwent a procedure to help the pain in his previously injured hand, which only caused further pain, then applied for permanent disability in 2003, arguing that his benefits should be calculated based on his wage rate in 2003 at his Connecticut job. Wadsworth’s rationale was that “he was permanently disabled from a subsequent injury that was a recurrence of his 1980 injury after having returned to work for a period of at least two months.”

Marking a success for disabled Massachusetts employees, the Supreme Court essentially agreed.

For full text of the opinion, see Justia.

If you have any questions about your own workers’ compensation claim, seek the aid of a skilled MA workers’ compensation attorney.

Mass. disability benefits based on current rate of pay regardless of location: Court, Business Insurance, March 20, 2012

Boston Taxicab Drivers Sue City over Wage & Workers’ Comp Concerns

Thu, 08 Mar 2012 15:07:34 -0500

Real “employee” versus “independent contractor.” How much difference does it make? The answer is that it can mean a great deal, as Massachusetts employers keenly recognize in seeking to classify more workers as independent contractors rather than employees these days, in an effort to limit their own responsibilities.

Regular employees get overtime. Independent contractors, by contrast, do not. Employees get unemployment insurance and—importantly—workers’ compensation benefits. Independent contractors do not. As such, how you are classified can me a whole lot in the case of an accident on the job or an injury that prevents you from working.

Recently, Boston taxi drivers have taken a stand against a change in their classification. According to the Boston Globe (quoting Catherine Ruckelhaus),

Taxidrivers in many cities, including Boston, at one time were classified as employees by cab companies. But operators began shifting to a contractor model - Boston switched during the 1970s - which can reduce payroll costs for items such as workers’ compensation by almost one-third[.]

Two Boston cab drivers have sued the City of Boston and private taxi cab operators in Suffolk Superior Court in hopes of a class-action suit on behalf of hundreds of Boston cab drivers. The cab drivers are upset at being classified as independent contractors, failing to be paid minimum wages and overtime, and being forced to pay job-related expenses. This suit, if successful, could dramatically change the landscape for cab drivers in a positive direction.

If you are an independent contractor in Boston and are unclear about your rights, or if you are unclear about your status as an IC or an employee, contact a Boston workers’ compensation lawyer to help answer your questions.

Boston cabdrivers sue city and fleet owners, Boston.com, March 6, 2012

MA Workers’ Compensation Rates May Increase

Mon, 05 Mar 2012 22:29:29 -0500

According to reports, workers’ compensation rates in Massachusetts may significantly increase in September, if the state approves a proposed increase. The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA)—a non-profit organization licensed by the MA Division of Insurance that represents companies that write workers’ comp policies— asked the state to approve a 19.3% increase. This increase would raise the cost of employee compensation insurance for MA employers, which they are required to provide under M.G.L. Chapter 152, Section 25A.

We will keep you updated on this and other workers’ compensation developments in Massachusetts. If you have been injured on the job and believe you may be eligible for workers’ compensation benefits, contact a seasoned MA workers’ compensation lawyer.

Workers’ comp rates could go up, Boston.com, March 2, 2012

New England Grocery Store Faces Company-Wide Workplace Safety Violations

Wed, 29 Feb 2012 15:24:12 -0500

A recent complaint filed by the U.S. Department of Labor's regional solicitor's office in Boston requests that the Occupational Safety and Health Review Commission orders DeMoulas Super Markets Inc., doing business as Market Basket, to adhere to workplace safety measures. The Tewksbury, Massachusetts-based grocery store chain has more than 60 stores in Massachusetts and New Hampshire.

The request for the entire company to adhere to the department's Occupational Safety and Health Administration's safety standards comes after multiple inspections at various store locations in which similar safety hazards were discovered. An inspection of Market Baskets stores in Rindge and Concord, New Hampshire, resulted in citations and fines up to $589,200. An employee of the Market Basket store in Billerica, Massachusetts, was seriously injured in 2007 after an unguarded fall and an employee of the Rindge, New Hampshire store was similarly seriously injured in April 2011 when he fell 11 feet onto a concrete floor from a poorly guarded storage mezzanine.

In addition to multiple fall hazards and recorded fall injuries, employees at the Rindge and Concord stores alone sustained at least 40 recorded hand lacerations between 2008 and 2011. OSHA has found that the company also failed to protect employees in produce, deli, and bakery departments against laceration dangers by not identifying the need for employee hand protection and by not providing any hand protection to employees working with knives, sharp objects, or cutting machines. The company agreed to complete job hazard analyses in all of their stores after being cited by OSHA in 2006, which they have failed to carry out.

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said "Hazardous conditions at multiple locations that expose employees to serious injuries demand a swift and comprehensive corrective response at the corporate level…OSHA insists that this employer completely and effectively eliminate the hazards it never should have allowed to exist in the first place." He continued to say, "Worker safety is not optional, and it cannot be addressed in a piecemeal fashion. It must be addressed across the board…This employer has the responsibility to safeguard all its employees at all its locations, something it has failed to do."

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department files complaint to require DeMoulas Super Markets to address hazards at Market Basket stores in Massachusetts and New Hampshire, OSHA Regional News Release, January 18, 2012

Related Blog Posts:

U.S. Labor Department and Construction Company Settle Litigation Over Workplace Safety

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

MBTA Worker Falls Down 30-Foot Concrete Shaft at Charles/ Massachusetts General Hospital Station in Boston

Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Mansfield Factory Worker Injured by Forklift

Easthampton Police Officer Faces Forced Retirement After Work Injury

Tue, 17 Jan 2012 09:42:19 -0500

According to Easthampton city officials, a city police officer might be retiring from the Easthampton Police Department against his will. An injury that he sustained while on duty has prevented him from returning to work for over two years. Officer Anthony Covalli, 30, who has been with the Easthampton Police Department since 2004, broke his leg in November of 2009, when he jumped over a chain link fence while he was pursuing a suspect.

Although his expected date to return to work was in May 2010, Personnel Director Raisa Riggott confirmed that he remains out on paid leave. She said "It's tough because he really wants to get back to work, but he's had so many complications with his injury." According to Riggott, Police Chief Bruce McMahon is attempting to involuntarily retire Covalli because his paid leave is "costing the city money."

Massachusetts State Law mandates that police officers or firefighters who are injured while on duty must receive their full, untaxed wages while they are "incapacitated." Riggott confirmed that Covalli has been receiving his regular salary since his accident in 2009 and that the law does not currently state any limit on the length of time the officer is allowed to be on paid leave. The base annual salary for Covalli's position is $49,587; however, he may be receiving additional pay depending on his level of education or training.

A panel of doctors is scheduled to examine Covalli to determine whether or not he should retire due to the injury. Tina Schneider, administrator for the Easthampton Retirement Department, said that if the Retirement Board decides to retire Covalli, he will receive the same retirement package as any other officer who has had to retire because of an accidental disability.

The city´s Retirement Board accepted this request from Police Chief Bruce McMahon to begin involuntary retirement proceedings for Covalli and the department has commenced the paperwork that will be submitted to the state's Public Employee Retirement Administration Commission to start the involuntary retirement process. According to the retirement administration commission's guidelines, Covalli has the option to appeal the Retirement Board's decision in district court within 30 days.

Covalli grew up in and is still a resident of Easthampton. He became a full-time police officer when he was 23 years old after serving in Iraq as a member of the U.S. Marine Corps Reserves for six months in 2006.

If you or your loved one has been injured in the workplace or are facing complications over your workers´ compensation, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Easthampton moves to force retirement of injured police officer
, www.gazettenet.com, January 14, 2012

Related Blog Posts:

Beverly Dentist Accused of Firing Whistleblower Over Workplace Safety Hazards

MassCOSH Reviews Workplace Safety at Angelica Textile Services in Somerville

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

U.S. Labor Department and Construction Company Settle Litigation Over Workplace Safety

Tue, 10 Jan 2012 21:31:08 -0500

The U.S. Labor Department's Occupational Safety and Health Administration has recently settled litigation with NER Construction Management Inc., a Wilmington masonry contractor. The construction company has agreed to pay $134,000 in penalties and make significant safety protocol changes to protect company employees against workplace accidents. According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor. At a jobsite located at Rowes Wharf in Boston, the original safety inspections were conducted by OSHA's Braintree Area Office in January 2011. OSHA cited NER for willful and serious violations of workplace safety standards. NER employees also faced falling hazards of up to 17 feet.

According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor, NER has agreed to pay the fines and has verified that it has fixed all of the cited hazards and is now taking steps to increase workplace safety on all job sites. This new protocol includes performing a detailed hazard analysis on each job to determine fall protection safeguards for every employee on the job, providing competent personal training for all employees authorized to identify and correct fall hazards, and revising the company's disciplinary policy to include management employees. NER also agrees to provide OSHA with a monthly report of all job sites on which it will be working for the next year in addition to copies of any external safety audits conducted over the next two years.

Marthe Kent, OSHA's New England regional administrator, said "Whenever OSHA cites employers, we're looking for them to not only correct specific cited hazards but also to take effective steps to prevent them from recurring…With this settlement, NER Construction Management pledges to take such steps for the safety of its workers." Michael Felsen, the Labor Department's New England regional solicitor, said "Our ultimate goal in litigating OSHA cases is to ensure that employers safeguard their workers against needless and potentially devastating hazards…This positive settlement both upholds OSHA's findings and lays a foundation for future compliance by this employer, which will result in safer workplaces for its employees." Attorney James Polianites of the department's Regional Office of the Solicitor in Boston litigated the case.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department reaches settlement with Wilmington, Mass., masonry contractor to enhance fall protection for workers, OSHA Regional News Release, December 21, 2011

Related Blog Posts:

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

MBTA Worker Falls Down 30-Foot Concrete Shaft at Charles/ Massachusetts General Hospital Station in Boston

Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Mansfield Factory Worker Injured by Forklift

OSHA Cites East Boston Painting Contractor After Worker Suffers from Paint Fumes in Confined Space

Mon, 12 Dec 2011 12:55:01 -0500

The U.S. Labor Department's Occupational Safety and Health Administration has recently investigated a workplace accident in which an East Boston, Massachusetts, painting contractor´s employee suffered from paint fumes in a confined space while working at a job at the Senesco Marine LLC shipyard in North Kingstown, Rhode Island. The employee was spray-painting the interior of a tugboat and subsequently became unconscious in the confined space. The worker was rescued by the North Kingstown Fire Department.

The company, AMEX Inc., now faces $72,900 in proposed fines and was cited for 13 alleged violations of workplace and confined space safety violations. Working in a confined or enclosed space can result in a greater risk of fatalities, severe injuries, illnesses, and fume inhalation, such as the case here. During their investigation, OSHA found that AMEX did not abide by the required safety precautions for working in a confined space. The company did not properly check for hazardous conditions inside the confined space, did not test the atmosphere for toxic or flammable vapors before the worker entered, and did not provide confined space training for employees working in the space. The contractor also failed to supply the workers with sufficient respiratory protection or safe ventilation equipment.

Twelve of the violations were listed as serious and one was an other-than-serious violation due to an incomplete worker injury log. OSHA issues a serious violation 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. An other-than-serious violation is issued when the violation has an impact on workplace safety and health, but would most likely not result in death or serious physical harm, such as a serious violation.

OSHA´s area director, Patrick Griffin, said "This could very easily have been a fatality…Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces. No worker should ever enter a confined space until the atmosphere has been tested, proper respiratory protection is supplied and used, and adequate rescue procedures are in place."

AMEX Inc. has 15 business days from the day that they received these citations and proposed monetary fines to agree with, or contest, these workplace safety violations with the Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA proposes $72,900 in fines for East Boston, Mass., painting contractor for violations at North Kingstown, RI, shipyard, OSHA Regional News Release, December 1, 2011

Related Blog Posts:

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Mansfield Factory Worker Injured by Forklift

Two Roofers Shocked at Construction Site in Bridgewater

Fri, 11 Nov 2011 18:44:36 -0500

Two roofers at a residential construction site in Bridgewater were recently electrocuted when the ladder they were moving touched an electrical wire overhead. After a fellow construction worker called 911, emergency crews arrived to find that one of the workers, Angel Caguana, 23, of Brockton, was unconscious. Bridgewater Fire Lieutenant, Robert Mancinelli, said that Caguana was in cardiac arrest upon their arrival and the other victim, Antonio Gomes, 22, had been shocked but did not have life-threatening injuries. Mancinelli said firefighters administered CPR and applied a defibrillator to Caguana. His heart rate soon increased from zero to 120 and he started to breathe on his own. He was flown to Massachusetts General Hospital by MedFlight and his injuries were listed as serious. As a safety measure, Gomes was taken by ambulance to the Good Samaritan Medical Center in Brockton with non-life-threatening injuries. Police reported that both men work for a Brockton construction company and were installing a roof on the residence at the time of the accident.

Electrocution accidents can result from a wide variety of circumstances. Many electrocution accidents occur in the workplace and most frequently occur at construction sites, as was the case here. Because the majority of construction work involves the use or installation of electricity, construction workers are in close proximity to live wires, circuit breakers, control panels, or power lines, such as above.

Electrocution accidents can also occur from faulty wiring, or involve a faulty product, such as a hair dryer or microwave. As a safety precaution for the general public, the Western Massachusetts Electric Company 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, it is recommended to consider any line to be energized and thus potentially dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, it is advised to contact an experienced Massachusetts workers´ compensation lawyer.

Sources:

Worker shocked by overhead wire is revived in Bridgewater, www.boston.com, November 9, 2011

Safety, Security and Lighting, Community Safety, Western Massachusetts Electric Co.

Related Blog Posts:

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Western Massachusetts Electric Company Employee Electrocuted in Pittsfield

Massachusetts Bay Commuter Railroad Cited for 22 Safety Violations at Somerville Train Yard

Mon, 07 Nov 2011 16:00:02 -0500

The U.S. Department of Labor's Occupational Safety and Health Administration has recently cited Massachusetts Bay Commuter Railroad Co. LLC for 22 alleged serious workplace safety violationsin Somerville´s Inner Belt neighborhood. OSHA additionally proposed $130,800 in fines to the company for these violations.

Inspections carried out between April and October uncovered that employees in the facility’s diesel, carpentry, truck, pipe and coach workshops were exposed to potential electric shocks, fires, falls, chemical burns, lacerations, amputations and bloodborne pathogens, in addition to possible injuries from crushing, slipping and tripping hazards.

OSHA discovered that unqualified employees were working on energized electrical equipment without proper personal protective equipment. Additionally, the facility had numerous exposed electrical circuits, inadequately misused power cords, the lack of locking out electrical power sources during maintenance, incorrect and inadequately secured oxygen and acetylene cylinders in storage, and a blocked emergency exit by a storage unit of flammable materials. Employees were also allowed to work with corrosive chemicals without face masks, hand protection or protective clothing. The facility had unguarded saw blades and unlabeled containers of hazardous chemicals. The company also failed to offer hepatitis B vaccinations to employees who were potentially exposed to bloodborne pathogens while cleaning passenger cars.

OSHA issues a serious violation when there is substantial likelihood that death or serious physical harm could result from a hazard about which "the employer knew or should have known."

Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties said, "The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility…While some violations were corrected during the course of the inspection, the railroad must correct all hazards and take effective steps to prevent their recurrence."

In a statement following the proposed fines and citations, the company stated: "MBCR treats safety with the utmost seriousness…MBCR has abated or is in the process of addressing all of the issues identified by OSHA. The company will continue to work closely with OSHA and the Federal Railroad Association to ensure the highest possible level of safety for employees and customers." The statement also said that MBCR has the second lowest rate of injuries in the industry and also that the company had reduced workplace injuries by 58 percent over the past year.

The railroad company has 15 business days to comply, meet with OSHA's area director or object to the inspection´s findings to the independent Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department's OSHA cites Massachusetts Bay Commuter Railroad for workplace safety hazards at Somerville maintenance facility, OSHA Regional News, November 1, 2011

OSHA: Train yard in Somerville cited for 22 serious safety violations, www.wickedlocal.com, November 2, 2011

Related Blog Posts:

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Mansfield Factory Worker Injured by Forklift

Quincy City Employee Killed When Fixing Traffic Light

Tue, 25 Oct 2011 10:17:42 -0500

A city employee was killed when he was working on a traffic light in Quincy last week. An 18-wheeler truck reportedly hit the bucket truck that Robert DeCristofaro, 58, of Braintree, was working in. Authorities confirmed that it was the impact of the accident that caused him to fall out. He was quickly taken to the Boston Medical Center where he was shortly pronounced deceased.

The Quincy Police Department and the Norfolk District Attorney’s Office both confirmed that the victim was a city employee, but was working in a rented truck. The accident occured at the intersection of Washington and Chubbuck Streets at approximately 10 A.M. on Tuesday morning. The driver of the tractor trailer stopped his vehicle at the scene of the impact and remained in place. Details of the accident are yet to be uncovered and there is confusion over sequence of events. Quincy Police Lt. Jack Sullivan said “Who hit whom where is being determined,” and commented that it was unclear whether the worker was accompanied by another city employee or with a local police detail. He confirmed that a thorough investigation was under way.

District Attorney Michael W. Morrissey said “The chief of our motor vehicle homicide unit is on the scene, and we are working closely with the Quincy Police Department and investigators from the Massachusetts State Police…It is an active and ongoing investigation.” He also commented, “This is a terrible day for the city of Quincy and for his family.”

The accident is being thoroughly investigated by local police and state police. The Occupational Safety and Health Administration (OSHA) has also been called to investigate the scene of the accident to determine whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing. No charges have been filed.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Mansfield Factory Worker Injured by Forklift

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

Wed, 05 Oct 2011 13:12:31 -0500

A repairman was rescued after passing out in a 14-foot deep septic pump chamber last Thursday, September 29, in West Bridgewater. The work-related accident happened just outside of a West Bridgewater car repair shop, where the repairman was fixing a broken valve. Although the sequence of events was at first confusing, officials confirmed that Williamson Electric Motor Service employee, Gus Futyma, 51, was repairing the broken valve in the septic pump chamber when he lost consciousness and became trapped. His co-worker, who is also his brother-in-law, said that he had been in the well for approximately ten minutes before complaining that he was having difficulty breathing. He then noticed that Futyma had fainted and immediately called for help.

Futyma was extracted from the hole by emergency medical personnel and was taken to a Brockton hospital, where he spent the night in intensive care. Although he was wearing a full harness that was tethered to a winch, the rescue crew had difficulty hoisting him up and had to cut a pipe to get Futyma out of the hole. West Bridgewater Fire Chief Leonard Hunt said, "Tried to pull him up…but he was a pretty heavy guy…He was unconscious at that point." Police performed CPR on Futyma until an ambulance arrived.

Bob Tilden, Futyma´s boss and owner of the company, said that his employees continuously train for this type of an emergency. He said, "We never wanted it to happen but we train for it." The question of why Futyma lost consciousness remains a mystery. Tilden said, "You're in a confined space. You have no idea what's down there." Although Futyma was complaining that he was having difficulty breathing before he passed out and the lack of oxygen is one reason for loss of consciousness, the case continues to be investigated by authorities.

The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine exactly how the accident had occurred and whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

Repairman OK After Fainting 14 Feet Underground, TheBostonChannel.com, September 30, 2011

Related Blog Posts:

Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston

MBTA Worker Falls Down 30-Foot Concrete Shaft at Charles/ Massachusetts General Hospital Station in Boston

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Mansfield Factory Worker Injured by Forklift

OSHA Cites and Fines Bostik Inc. After Investigation Into March Explosion

Fri, 30 Sep 2011 11:16:51 -0500

The Occupational Safety and Health Administration has recently cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company's Middleton plant. The explosion injured four of their workers. As reported in Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation, the company claimed that the explosion was due to open valves that let flammable gas permeate throughout the building. The company, an adhesives manufacturer, faces a total of $917,000 in proposed fines and 50 citations.

OSHA's inspection identified numerous serious problems in the company's process safety management (PSM) program, safety requirements and procedures which employers must follow when dealing with chemical hazards. On the day of the explosion, a valve on a transfer line was accidentally left open, which led to the release of flammable acetone vapors. The vapors then exploded after they were ignited by an undetermined source.

Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts, said "In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions…Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said "The requirements of OSHA's PSM standard are stringent and comprehensive because the stakes are so high…Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion."

OSHA issued Bostik with nine willful citations and with $630,000 in proposed fines because OSHA found that the company willfully knew that their process safety management program was incomplete. OSHA issues a willful violation when it is committed with intentional knowing or voluntary disregard for the law's requirements, or with disregard to worker safety and health.

OSHA also issued Bostik Inc. with 41 serious citations and $287,000 in fines, for numerous other safety violations ranging from an insufficient emergency response plan, inadequate training for employees required to respond to fires, obstructed exit access, and electrical hazards. OSHA issues a serious violation 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.

Bostik´s workers´ compensation carrier is the Illinois National Insurance Company.

If you have been injured in the workplace, it is best advised that you contact an
experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department's OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion, OSHA Regional News, September 13, 2011

Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release

Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration

Beverly Dentist Accused of Firing Whistleblower Over Workplace Safety Hazards

Mon, 26 Sep 2011 10:31:40 -0500

A Beverly dentist, N. Terry Fayad, is being sued by the U.S. Department of Labor for reportedly terminating an employee for raising concerns about needle contamination hazards in the workplace and for filing a complaint with the department's Occupational Safety and Health Administration.

The whistleblower, who remains anonymous, filed the complaint in a U.S. district court in Boston by the department's Office of the Regional Solicitor. Fayad supposedly fired the employee, who was working as a dental assistant, in November 2010. The employee questioned the hazards of an office procedure that required workers to remove protective caps from contaminated needles before putting the needles in a sharps disposal container. Such a procedure puts the employees at risk for injury or could expose them to possible infection by blood-borne pathogens such as hepatitis and HIV. The lawsuit attempts to restore the employee's standing; payment of lost wages, benefits, interest, and compensatory and punitive damages; and also seeks to stop Fayad from violating the Occupational Safety and Health Act in the future.

Marthe Kent, OSHA's New England regional administrator, said "No employer should ever treat employees this way…Workers have the right to perform their jobs without being exposed to life-threatening hazards as well as the right to raise concerns when faced with such hazards. The Labor Department will take all appropriate legal steps to ensure these rights are enforced."

On November 23, 2010, OSHA conducted a separate health inspection of the dental practice and found that the practice was violating numerous safety standards. OSHA fined Fayad´s practice with $26,400 and eight alleged serious violations of the agency´s blood-borne pathogen and hazard communication standards. One of the citations stemmed from the office protocol which required employees to remove the safety cap from contaminated needles. Fayad contested all of the citations and the fine to the independent Occupational Safety and Health Review Commission.

OSHA protects whistleblowers following the OSH Act along with 20 other statutes protecting employees who report violations in the workplace. Employers are prohibited by law from retaliating against or firing employees who raise concerns about workplace safety or who report such safety concerns.

Massachusetts Law mandates the use of a sharps container for the safe disposal of all needles and maintains strict regulations for health care providers when handling needles in order to prevent sharps injuries.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department sues Beverly, Mass., dentist for allegedly firing employee who raised concerns about contaminated needle disposal, OSHA Regional News Release, September 21, 2011

Related Blog Posts:

MassCOSH Reviews Workplace Safety at Angelica Textile Services in Somerville

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Massachusetts Appeals Court Rules Two Employers Jointly Responsible for Employee´s Workers´ Compensation

Tue, 13 Sep 2011 16:13:52 -0500

A Massachusetts Appeals Court has recently ruled that two employers can be held jointly responsible for an injured employee´s workers’ compensation benefits, despite them each having classified the worker as an independent contractor.

In Leo Whitman’s Case, No. 10-P-71, Sept. 6, 2011, the court affirmed an earlier decision by the Industrial Accident Reviewing Board within the Department of Industrial Accidents by ruling that the claimant was an employee, not an independent contractor, for both of the businesses he was working for at the time of his injury. Leo Whitman, a construction worker whose specialty was installing drywall, had been working for approximately three years for two redevelopers, Stephen Sarcia and John Citrano. Each purchased, refurbished, and resold delapidated residential properties. The two men also introduced Whitman to Anthony Pace, the owner of PPM, a redevelopment company that also hired Whitman to work on condominium residences.

During this time period, Whitman continued to work for Sarcia and Citrano, whom he thought of as partners, and from PPM. Whitman viewed them collectively as “a group” because of their continuous supply of full-time work for him, according to the court papers. Throughout 2004 and 2005, Whitman worked for PPM in addition to Sarcia and Citrano at 10 different building sites. According to court documents, Whitman thought of Sarcia and Citrano as partners and he thought of Sarcia, Citrano, and PPM, as “a group” because of their continuous supply of full-time work for him. At the rate of $250 per day for five to seven days per week, Whitman was given daily assignments and was paid weekly by checks addressed to him individually. The payments were his sole income and Whitman did not submit a bid or sign a contract related to his work.

On Dec. 20, 2006, while Whitman was working for both Sarcia and PPM on a project in Ipswich, Mass., a scaffold collapsed, and as a result Whitman fell approximately 16 feet. He had serious fractures in his left leg, had two surgeries and two plates implanted with multiple orthopedic screws. Whitman was completely debilitated for three months and has been partially disabled ever since the accident.

Whitman brought his claim for benefits as an employee of Sarcia and/or PPM; however, neither had statutory workers’ compensation coverage for him as they both named him as an independent contractor. The administrative judge concluded that Whitman was a covered employee of both entities. The judge described that the two entities were “a consortium for which [Whitman] worked exclusively during the two years prior to his industrial injury…Pace, Sarcia and Citran[o] worked cooperatively throughout the claimant’s tenure.” The employers disputed that they were joint employers by arguing that there was no evidence that they operated with common management, ownership, and financial controls. However, as noted by the appeals court, state law does not require that joint employers must be integrated or single by ownership, management, and finances. ‘Workers’ compensation law in Massachusetts allows separate entities to constitute joint employers,’ the court said.

If you or your loved one suffers from injuries due to a work accident, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

Mass. Court Rules on Joint Employers’ Responsibility for Workers’ Comp, Claims Journal, September 13, 2011

Related Blog Posts:

Massachusetts Court Decision Could Influence Contractor and Subcontractor Liability,

Salisbury Construction Contractor Cited by OSHA Following Explosion