Massachusetts Workers' Compensation Lawyer Blog

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

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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

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Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

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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.

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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

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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

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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

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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

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Massachusetts State Auditor Accuses Non-Profit Organization With Misuse of Taxpayer Money and Workers´ Compensation Fraud

Tue, 30 Aug 2011 18:16:37 -0500

The Massachusetts State Auditor has revealed that a non-profit human services provider in Western Massachusetts that serves mentally ill and emotionally disturbed children has corruptly used over $1 million in state taxpayer money. They are additionally accused of paying an employee´s workers´ compensation insurance claim with state money during a time period in which their workers´ compensation had lapsed.

In a report released by the auditor´s office, the Easthampton-based Northeast Center for Youth and Families Inc. has allegedly misused funds over a five-year period. The organization serves approximately 600 mentally ill and emotionally disturbed children in Massachusetts. The organization also operates in Connecticut.

State Auditor Suzanne Bump said, “We want to ensure that human service providers like the Northeast Center are spending public funds legally, appropriately and wisely to maximize every dollar and help the greatest number of physical and emotionally needy children, adults and families.” She described that this situation was "another side of the coin of waste, fraud and abuse." In response to the audit´s findings, the organization responded, “It is possible that we will continue to disagree with one or more of the Auditor’s findings…In any event, we will cooperate with the Commonwealth in its prescribed process for the resolution of audits.”

Auditor Bump reported that the center sent higher cost information to the Department of Youth Services between 2006 and 2008, which resulted in an unfounded overpayment of more than $650,000 to the organization. They also allowed their workers´ compensation insurance to lapse for 21 days in 2007, during which time an employee was injured on the job and was paid $52,073 to cover medical expenses, lost wages and a settlement. In this case, the state auditors determined that the agency used over $7,000 of state funds to pay the claim. The center also reportedly improperly used $406,360 to cover out-of-state losses in Connecticut and the $1 million amount of bonuses that were given out over a three-year time period is now being reviewed by the Department of Youth Services.

A former bookkeeper for 27 years at the organization, Cecile Guilbault, commented "They've been doing unethical things for years…I'm glad that finally, after all these years, the state has finally caught up with them."

Auditor Bump requested that the organization return all fraudulently used funds to the state.

Sources:

State audit finds that Northeast Center for Youth and Families misspent money, Gazettenet.com, August 26, 2011

Audit: Human services provider misused $1m in taxpayer funds, Boston.com, August 25, 2011

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MassCOSH Reviews Workplace Safety at Angelica Textile Services in Somerville

Thu, 18 Aug 2011 01:53:07 -0500

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) has recently conducted an assessment of workplace safety at Angelica Textile Services, operating under the name of Royal Institutional Services, in Somerville, Massachusetts. The investigation was prompted by multiple worker complaints in regards to illnesses, injuries, and long-term health problems due to a dangerous and unhealthy working environment. MassCOSH´s findings were recently published in a >report that was compiled from this recent workplace safety assessment. As reported in OSHA Cites Somerville Commercial Laundry Service After Employee Injury, the company was also cited by the hand was compressed in a large iron. The company’s Somerville facility was also cited by OSHA in 2006 for hazardous waste and protective equipment safety hazards.

After OSHA´s findings in June, MassCOSH interviewed and observed 113 Angelica employees in July to document health problems and injuries thought to have been caused by working conditions. The majority of workers interviewed experienced health problems that they believed were due to their work in the laundry factory. Pain in the shoulders, back and wrist injuries were most common. Many other workers complained of neck, foot, leg, and knee pain. One unidentified worker said, “As a leader on my line I have to force my co-workers to perform more than what they can.”

When the workers were asked about working conditions that might have contributed to their health problems, workers repeatedly referred to the employer’s recent increase in work output quotas as a significant factor contributing to these injuries or chronic pain. Another unidentified employee was quoted: “I’ve been working at Angelica for more than 20 years. They gave me a written warning because I do not perform at 100% of [the newly implemented] production [quotas]. I’m in pain, my joints hurt. And, I’m very worried about my health.”

In addition to interviewing the workers, MassCOSH also conducted a review of tasks and protocol of cleaning soiled hospital linens and a chemical hazard review of cleaning products and relevant standards of manufacturers’ safety recommendations for the products and toxicology information.

MassCOSH found the following safety hazards during their investigation:

• Majority of employees are extremely physically fatigued while operating machinery. Workers seem to be experiencing an increase in pain and work-related injuries due to the increased production quota.

• Health and safety training is insufficient and not in the language of all of the workers.

• Poor maintenance and frequent breakdown of machinery exposes workers to chemical fumes and unnecessary chemical spills.

• Inadequate employee clothing to protect workers from soiled or contaminated laundry (such as blood-borne pathogens found in hospital laundry).

• Overcrowded work areas which block emergency exits.

• Increased risk of musculoskeletal injuries due to maneuvering heavy carts of laundry.

• A demeaning and hostile work environment hinders employees from speaking up about unsafe work conditions.

If you or your loved one has been injured in the workplace or suffers from chronic pain due to work, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Angelica Textile Services Assessment Report, Massachusetts Coalition for Occupational Safety and Health, August, 2011

US Labor Department's OSHA cites Somerville, Mass., commercial laundry for safety hazards following worker injury, OSHA Regional News Release, June 28, 2011

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Monro Muffler Brake in Hyannis Cited with $184,000 for Safety Violations After Worker Injured in Fire

Tue, 02 Aug 2011 14:57:41 -0500

A fire in which an employee was badly burned at Monro Muffler Brake Inc. in Hyannis on February 2nd prompted an investigation by the Occupational Safety and Health Administration (OSHA). OSHA has since charged Monro Muffler Brake Inc., a company from Rochester, N.Y., for 10 alleged violations of workplace safety and $184,000 in proposed fines.

The fire began after a spark from an acetylene torch caught fire to an open container of gasoline. OSHA's inspection revealed that the fire hazards which workers were exposed to included the open container of gasoline, combustibles within the area where the acetylene torch was being used, an unsafe light fixture in a hazardous location and an overall employee lack of training for fire extinguishers. In addition to these fire hazards, employees were found to be smoking inside the perimeter of the automobile service area where fuels were being drained and where auto parts with fuel were being replaced. OSHA also found that there was not enough lighting in the work area, there were exposed electrical wires, they did not have an eye flushing station or protective eye gear, and their employees lacked safety information about the types of chemicals in use at the workplace.

Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts, said, "This is exactly the type of incident and injury that results when an employer fails to comply with common-sense and legally required safeguards for workers…To prevent such occurrences and protect the safety and health of its workers, the employer must ensure that safety and health requirements are met and maintained at all times at all of its locations."

The Massachusetts work injuries of Altman and Altman have decades of experience in dealing with injuries caused in the workplace as a result of OSHA violations. These cases can sometimes become quite complex, we have access to the finest experts in the commonwealth, and often times have to use them on cases like this.

Monro Muffler Brake was fined a $70,000 fee and charged with one willful violation for the fire hazard of smoking. OSHA issues a willful violation if the employer has “voluntary disregard” for the law's requirements or for their workers´ safety and health. They were also issued three repeat violations and $80,000 in fines for the lack of fire extinguisher training, the lack of chemical and eye guards. OSHA issues a repeat violation exists when an employer previously has been cited for the same or similar violation within the past five years. In 2009 and 2010 the company was cited for similar safety hazards at their locations in Victor, N.Y., and Norwich, Conn., locations. For the remainder of the safety hazards found during their investigation, OSHA fined the company $34,000 and issued six serious violations. A serious violation is issued if it is likely that an employee could die or experience serious harm from a safety hazard which the employer knew about or should have known about.

If you have been injured in a Massachusetts workplace, it is generally the best advice that you contact an experienced Massachusetts workers' compensation lawyer. Our attorneys have decades in handling workers compensation cases along with any third party component of the case. If you are not sure what to do about your case, give us a call for a free consultation.

Source:

US Labor Department's OSHA cites Monro Muffler Brake after worker injured in fire at Hyannis, Mass., location; proposed fines total $184,000, OSHA Regional News Release, August 1, 2011

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Walgreens to Pay Massachusetts $2.8 Million in Restitution For Overcharging Workers´ Compensation Prescriptions

Thu, 21 Jul 2011 05:05:02 -0500

The Walgreens Company (Walgreens) has agreed to pay the Commonwealth and approximately 75 Massachusetts cities and towns $2.8 Million in a settlement with Attorney General Coakley’s Office. An ongoing investigation by the Attorney General’s Insurance and Financial Services Division exposed that the pharmacy company was overcharging public entities for prescription drugs under the workers´ compensation insurance system. Attorney General Coakley accused Walgreens of billing and receiving payments from cities, towns and state agencies for filling prescriptions for workers compensation claimants at higher prices than what is allowed by Massachusetts laws.

In a statement released by Coakley´s office, she valued Walgreens excess charges at $1.4 million since 2002. Walgreens has agreed to pay these overcharges as well as an additional $1.4 million to the Commonwealth. Coakley stated: “Cities and towns are under a great deal of economic stress, and every dollar counts…Here, the cities and towns were overcharged for prescription drug purchases. Today’s action recovers nearly three million back for local communities, and works to prevent these kinds of overcharges from happening in the future.”

Under the settlement, which was filed in Suffolk Superior Court, the city of Boston will receive approximately $200,000 in restitution. Springfield, Holyoke, Fairhaven, Needham, Lowell, Auburn, New Bedford, Norwood, Revere, South Hadley, and Winchester will also each receive restitution of approximately $10,000. Towns will approximately receive $8,900 each in restitution. The Attorney General has reached settlements also with CVS, Shaws Supermarkets, and Stop & Shop for similarly filling prescriptions for workers´ compensation claimants at higher prices than what is permitted.

According to a Walgreens spokeswoman, the company “did not admit to any liability or wrongdoing and agreed to settle this issue to avoid further legal expense.”

Sources:

Walgreens to pay $2.8m to resolve allegations of overcharging, The Boston Globe, July 14, 2011

Walgreens to Pay $2.8 Million to Resolve Allegations of Prescription Overcharges, Office of Attorney General Martha Coakley Press Release, July 14, 2011

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Trash Collector Dies After Falling Underneath Truck in Methuen

Fri, 15 Jul 2011 13:29:30 -0500

A trash collector has died after falling off the back of a trash truck and was run over by the vehicle in Methuen. On the morning of July 12, Keimani Bell, 28, from Dorchester, was working for F.W. Russell & Sons of Somerville, when he grabbed a trash bag from the street, lost his footing off the back of the truck, and fell underneath the vehicle. The truck was backing up at the time of his fall and Bell was subsequently run over. Spokesman for District Attorney Jonathan Blodgett, Steve O'Connell, confirmed that the worker was pronounced deceased at the scene of the work-related accident shortly before 11:30 a.m. O'Connell said the Bell "slipped off the back of the truck as it was going in reverse."

John Mariano, a witness who lives on the street, commented that he saw the worker at the rear of the truck grab a trash bag off the street, lose his footing, and then fall backwards underneath the trash vehicle. Mariano said, "The worst part was when I saw him roll under the truck ... The driver didn't know he was under the truck. If he had known he was there, he would have stopped."

The company has provided trash collection services in Methuen for the past six years. O'Connell said there was no indication that the accident was in any way intentional and that no charges have been filed. The name of the trash removal vehicle driver has not yet been released. The city's public works director, Raymond DiFiore, who oversees the city's trash collection, commented that he could not remember any accidents involving F.W. Russell & Sons trash trucks in the past six years since they had been employed by the city.

The accident is being thoroughly investigated by local police and state troopers who specialties are accident reconstruction and truck safety, in addition to troopers from District Attorney Blodgett's office. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated.

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:

Trash collector dies after being run over by truck in Methuen , The Boston Globe, Eagle Tribune, July 13, 2011

Trash collector dies after fall from truck, The Boston Globe, July 14, 2011

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