Massachusetts Workers Compensation Lawyers Blog

Boston Workplace Dangers Highlighted, Part 2

Wed, 15 May 2013 10:24:11 -0500

In this second of our two-part series detailing worker deaths and injuries in Massachusetts, our Boston workers' compensation attorneys want to focus on the specific dangers, as well as what kinds of measures might be implemented to curb future tragedies.

The report, Dying for Work in Massachusetts, reveals that of the 32 worker deaths reported last year, falls accounted for a huge portion - particularly in the construction industry.

One of those described was a a 49-year-old painter from Lowell. He had hoisted a 2.5-gallon bucket of paint as he stood two stories above the ground on a ladder. The ladder shifted. He plummeted 20 feet to the ground and died.

Falls accounted for six worker deaths in Massachusetts last year, and since 2008, they have been the cause of more than half of all construction industry injuries and deaths.

Cancer was another major workplace danger, with firefighters in particular at risk. The carcinogens released from toxic, burning material undoubtedly contributed. We are also continuing to see diagnoses handed down for mesothelioma, resulting from asbestos exposure suffered years ago by shipfitters, electricians, auto manufacturers, construction crews and others.

Drowning and/or being lost at sea continues to be a big problem in Massachusetts, as the area relies so heavily on the fishing and marine industry. This resulted in four deaths last year.

Tree care also is an extremely dangerous occupation, resulting in three deaths in 2012. One of those was the owner of a Christmas tree fall, who was killed while taking down a maple tree on his own property. The tree reportedly fell the wrong way at the base, and he was unable to escape the impact. Often, the cause of arbor-related deaths are falls, but dangerous or malfunctioning equipment has also been a significant concern for those in this industry.

One occupation for which we saw a sudden spike in danger was school crossing guard. The report indicated that over the last four years, two Massachusetts school crossing guards have been killed and nine others injured, after being struck by vehicles. Part of the problem is that crosswalks reportedly aren't well-maintained, but also, motorists have a general disregard for the authority of these individuals carrying out this essential function to ensure our children come home safely.

The bigger problem, which could be applied to all workplaces, is that the U.S. Occupational Safety & Health Administration, is underfunded and understaffed and is bound by an outdated law that slows their findings and caps their penalties.

For example, the report indicates that if each regional OSHA were to inspect every workplace in its district, it would take 140 years - just in Massachusetts.

What's more, the average fine for employers whose negligence resulted in worker death was just $9,500.

Out of those 32 worker deaths, just five of those investigations have thus far been closed with a penalty. All except one of those resulted in a fine that was $12,000 or less.

Many workplaces calculate that it's cheaper to pay the fines resulting from worker injuries or deaths than to comply with appropriate safety standards to prevent these scenarios from happening in the first place.

Sadly, they're right.

Boston Workplace Dangers Highlighted, Part 1

Mon, 13 May 2013 09:43:19 -0500

People in Boston are "Dying for Work" according to a new report released by a coalition of union organizations and employee advocates, detailing the various dangers posing a threat to worker safety throughout Massachusetts.

In the first of this two-part series, Boston workers' compensation attorneys will be exploring some of the more serious risks outlined in the report.

The report, "2013 Dying for Work in Massachusetts: The Loss of Life and Limb in Massachusetts Workplaces," was compiled by the Massachusetts AFL-CIO, which is the umbrella organization that represents some 750 local unions, as well as the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Western Massachusetts Coalition for Occupational Safety and Health (Western MassCOSH). The goal was to highlight the fact that work continues to be a hazardous place for the people of Massachusetts.

In 2012, there were 32 people killed in this state on the job. Most of those suffered fatal injuries while at work, but there were also seven firefighters who died from heart disease and cancer that has been traced back to work.

While we often hear so much about work dangers that cause immediate maiming or injury, we tend to talk less about a more prevalent problem: occupational disease. An estimated 320 workers in Massachusetts last year died of an occupational disease. Further, the authors of this study say that conservatively, another 1,800 workers were diagnosed with a form of cancer that was caused by exposure to some toxin at work. Another 50,000 Massachusetts workers were believed to have suffered serious injury last year as a result of workplace toxin exposure.

Over the past 25 years, the number of worker deaths throughout the state has seen a marked fluctuation. For example, there were 91 fatalities reported in 1999. Then in 2002, there were 49 worker deaths. The following year, there were 81. Then there were 58 in 2011 and 32 last year.

While we tend to think of young workers as being the most vulnerable on the job, the average age of Massachusetts workers killed last year was 50, though it ranged from those as young as 19 to those as old as 73. More than half of workplace fatalities involved someone 50 or older. Another 30 percent were between the ages of 40 and 49.

Unsurprisingly, one of the most dangerous occupations in the state was construction. It accounted for 6 of the 32 job fatalities, or 19 percent. Another dangerous job was fisher and boat captain, four of whom died at work last year, accounting for 13 percent. It's worth noting that over the last dozen years, fishermen and lobstermen have suffered the most work-related deaths of any other occupation in the state, with nearly 60 dying over the course of the last 12 years. Firefighters suffered the highest portion of fatalities last year, with 7 suffering line of duty deaths, accounting for 22 percent of the total. All of those deaths were attributable to heart disease or cancer.

The causes of death varied, but generally, it could be broken down into one of five categories: Cancers/illnesses, transportation and motor vehicle incidents, falls, commercial fishing and workplace violence.

Part 2 of our series will delve a bit deeper into the exact circumstances surrounding these tragedies, and what might be done in the future to promote prevention.

Factory Deaths Abroad Highlight Work Safety Concerns in MA

Fri, 10 May 2013 10:51:13 -0500

A wide range of government leaders, investors, religious organizations and worker safety advocates are urging action from large clothing manufacturers such as Walmart, Gap and Benetton if more isn't done to bolster working conditions in garment factories overseas.

Our Boston workers' compensation lawyers know that the outrage stems from the collapse of an eight-story factory building, where clothing destined for the U.S. was being manufactured. The death toll has reached well over 1,000 at this point, with the dramatic and heart-wrenching rescue of one woman 17 days after the tragedy making headlines worldwide.

While many here in the U.S. see worker advocacy as something that is not always a high priority, situations like this should give us all pause. This is the kind of thing that can happen when we place our trust in corporations to prioritize worker safety.

Yes, this happened in a foreign country, but they are U.S. companies that clearly know better. They are held to a different standard for their workers in the U.S. - which is precisely why they seek to set up operations in foreign countries, where the workplace safety requirements are far more lax and expenses are therefore much cheaper. In the end, as in so many other workplace tragedies, we see once again that greed trumps safety.

It's encouraging to see that nearly 1 million signatures have already been collected on a petition urging Gap and H&M to sign commitments to improve fire safety plans in other Bangladesh factories. Additionally, religious groups controlling some $100 billion in assets have collectively penned a letter expressing displeasure with U.S. retailers on this front.

There are nearly 3 million garment workers employed by U.S. companies in Bangladesh, and not nearly enough is being done to protect them. The government of Bangladesh is being accused of working together with these large corporations to suppress labor unions, curb worker rights and diminish safety standards.

The country has the lowest minimum wage in the world, at $37 monthly.

We wish it hadn't taken such a significant loss of life to gain the attention of the international community on this issue. Up until now, the primary voice of advocacy had come from non-governmental organizations, who hold little power in the marketplace.

The incident occurred just two months after a fire in another Bangladesh factory killed 112 workers.

At the same time, it highlights the importance of prioritizing and investing in worker safety standards and rights domestically.

In Massachusetts last year, 32 workers were killed on the job. Another 320 passed away from an occupational disease. Another 1,800 were diagnosed with an occupational disease and 50,000 more sere seriously injured.

If we think a tragedy like Bangladesh is too distant, let us not forget the recent fertilizer plant explosion in Texas, the oil rig blasts off the Gulf of Mexico and the mine deaths in West Virginia.

We should do better. We can do better.

Protecting Temporary Workers in Massachusetts

Tue, 07 May 2013 10:15:06 -0500

Just because you're not a permanent worker doesn't mean that you don't have the same rights. And now, officials with the Occupational Safety and Health Administration (OSHA) are going to work harder to make sure that you're getting the same opportunities and protection.

Recently, OSHA officials announced an initiative to further protect temporary employees from workplace hazards. This announcement came with perfect timing, too -- at the annual Workers' Memorial Day event. This event is used to honor employees who were killed on the job and to help to renew a commitment to making work sites across the nation safer. So if you're a contracted worker, listen up. There are some things you have to know -- and your safety relies on it.

Our Quincy workers' compensation lawyers understand that temporary workers have the same rights as permanent workers. They should be provided with the same safety equipment, the same training and the same rights as everyone else. Now, OSHA officials are working to make sure that's the case. Officials with OSHA will now be using a new code to help to determine when temporary workers are exposed to unnecessary dangers and various health violations.

It's not only important that these workers are getting the proper training, but it's important that they're getting it in a language that they can understand.

Each year, there are thousands who are killed on the job. Unfortunately, many of these fatalities were of temporary workers. Many of these fatal accidents could be prevented if workers to take the proper safety precautions to stop the dangers before they arise.

"Workers must be safe, whether they've been on the job for one day or for 25 years," said Dr. David Michaels with OSHA.

In addition to this new code, officials have started working alongside the American Staffing Association and companies that use these kinds of agencies for workers. By teaming up with these programs and companies, they're trying to help to make sure that temporary workers are taken care of on the job.

This partnership was sparked after a number of reports and accidents in recent months involving temporary workers. Many of these reports involved fatalities. A lot of them even happened during the worker's first day on the job. With these reports, many citations followed. But the problem here is that we need to get to the root of the problem before it strikes.

According to the Bureau of Labor Statistics, more than 10 percent of worker fatalities recorded in 2011 were of contracted workers.

If you're a temporary worker, you have rights! If you feel like you're being short-changed on the job and your safety is a risk, don't be afraid to speak up. If you need more help, more training or more safety equipment, it's your right to have it. Talk with your employer about your needs and help to ensure a safe work day.

Massachusetts Construction Accident Kills 1, Injures 2

Sat, 04 May 2013 08:55:53 -0500

A 56-year-old was killed in a recent work accident at the Massachusetts Department of Transportation (MassDOT). According to Mass Live, two others were injured in this Massachusetts construction accident.

According to Northwestern District Attorney David E. Sullivan, the accident happened just after 9:30 a.m. The 9-1-1 call indicated that there were three workers who were pinned under two modular trailers. These trailers were being used as office space while construction crews were adding to the building. Officials have not been able to determine why the workers were near the modular trailers. Although one died, officials were able to free the other workers with a large crane.

Our Boston workers' compensation lawyers understand that there were move than 50 responders called to the accident. It took more than three hours to address the situation. But was there something that could have been done differently to save these workers? That's a question we're constantly pondering. In 2011, there were close to 800 workers who were killed in the industry, according to the Bureau of Labor Statistics (BLS).

With state partners, officials with the Occupational Safety and Health Administration (OSHA) have just over 2,000 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million work sites around the nation. These workers are in charge of helping to keep you safe on the job. But is that enough? When you break these numbers down, that means that there is roughly one compliance officer for every 59,000 workers.

According to the United States Department of Labors, there were close to 5,000 workers killed on the job in 2011. We believe that many of these accidents could have been prevented if employers took more time and initiative to focus on safety.

Construction is a high hazard industry that comprises a wide range of activities. Examples include residential construction, bridge erection, roadway paving, excavations, demolitions, and large scale painting jobs. It's these workers who engage in many jobs that may expose them to serious hazards, such as falling from rooftops, unguarded machinery, being struck by heavy construction equipment, asbestos, electrocutions and silica dust. To name just a few.

It's the employer's responsibility to make sure that workers are well prepared for these kinds of risks. They've got to make sure that employers are provided with all of the necessary safety equipment they need to complete the job safely, and they've got to make sure that each worker is properly trained in the duties they're required to complete on the job. If you're not receiving any of these materials or training, you have a right to speak up!

Industrial Accident Injuries Don't Get Much Press, But are Very Serious

Wed, 01 May 2013 03:40:28 -0500

When the tragic bombing occurred at the Boston Marathon, the news was full of the carnage that the bombs wrought on victims. The serious injuries sustained by spectators and runners were highlighted in many reports and everyone rightfully rallied around those who had been hurt, donating blood and setting up funds to raise money.

These actions were the actions of a city coming together to restore hope and they reflect everything that is right about America. What wasn't widely reported, however, is that injuries similar to those suffered by victims of the bomb blast happen every day in the world. Our Boston injury attorneys know that injuries of these types are common in industrial accidents, which tend to happen quietly behind the scenes often with minimal press attention.

Industrial Accident Injuries Similar to Bombing Injuries

One news station, NBC Philadelphia, did take note of the unspoken truth that industrial workers suffer grave harm on a routine basis as a result of accidents that occur in chemical plans and other dangerous workplaces.

As reported by NBC Philadelphia, the force of the blasts caused by the bombs at the Boston Marathon is very similar to the force of a blast when there is an explosion at a chemical plant. In chemical plant explosions, the workers who are doing gas work or who are doing work on high pressure piping are often seriously injured or killed as a result of the tremendous force. Like those victimized by the Boston bombers, these workers may lose their limbs or lose their lives as a result.

The Consequences of Injuries from High-Velocity Explosions
When an amputation occurs as a result of a high-velocity explosion, whether from a bomb or from an industrial accident, there is a very lengthy recovery period. Doctors first need to stabilize the person who suffered the injuries and need to clean and close the wound in order to prevent an infection from developing.

The wounds must then be given time to heal before any further rehabilitation interventions are possible. Those who receive prosthetic limbs to replace the limbs that are lost will typically have to wait for at least three weeks before the wound is healed enough to begin fittings for the prosthesis. After this, adjustments must be made to ensure that the prosthesis is comfortable and that it fits well.

The process of learning to use the prosthesis is also a lengthy one. In many cases, rehabilitation becomes necessary and can last for six months or longer. Ideally, at the end of this process, the injured individual will be able to use the prosthetic limb just as he or she would use a natural limb. Over time, however, the prosthesis may need to be replaced with repeat surgeries and additional medical interventions.

Industrial Accident Victims Recover in Silence
Tragically, the victims of the Boston marathon will now need to endure the recovery process. The press and public are likely to focus on the aftermath and the recovery of those who were injured in this horrific event, which is a type of follow-up coverage that industrial accidents rarely get.

When an industrial accident quietly happens behind the scenes, only those affected will usually know about what occurred. The injured workers will need to turn to workers' compensation benefits to have their costs covered and they will go through the arduous recovery process with little attention or support from strangers. The industrial accident is just another workplace accident that will be forgotten by all except those whose lives are changed by the injuries they endured.

OHSA Cites Nuway Tobacco for Safety Violations

Tue, 30 Apr 2013 03:46:33 -0500

Our Boston work injury attorneys know that OSHA is responsible for inspecting workplaces, responding to complaints about safety violations and ensuring that workers are protected on the job. Recently, as part of its effort to protect workers, OSHA cited the Nuway Tobacco Co.

Nuway Tobacco Co. was cited for a total of 22 alleged serious violations. The violations occurred at the company's South Windsor manufacturing facility. Because of the numerous violations and the severity of the violations, Nuway Tobacco is facing proposed fines of $59,869.00.

Nuway Tobacco Violates Safety Rules and Regulations

OSHA identified a number of violations of safe workplace requirements when conducting an inspection of Nuway's South Windsor manufacturing facility. These violations included:

Combustible tobacco dust generated from the manufacturing process. Workers were being exposed to this dust. In fact, there was a layer of dust up to one inch thick on a variety of surfaces including light fixtures, ducts, pipes and electrical enclosures. This dust presents a risk of fire and explosion, but workers were not being protected.
Lack of equipment to prevent the spread of fires and explosions caused by dust. Typically, there should be equipment to remove combustible dust from the air or at least to contain it and stop the spread. Sprinklers and explosion vents are just two examples of equipment that can help, but Nuway had neither. Unfortunately, the processing system at Nuway's facility allowed for the dust to escape and build up outside of the normal work area.
An absence of interlock and isolation systems in the processing machinery. These systems need to be in place in order to prevent fires from spreading.
Missing guardrails. This put workers at risk of falling, which is one of the top causes of workplace injuries.
Unguarded moving machine parts. Workers could become caught in the machines, potentially suffering crushing and amputation injuries.
Exposed wiring. This creates a risk of electrocution for workers.
Inadequate training. Workers without training are more likely to injure themselves or others while performing their jobs.
An absence of protective equipment. Workers must be provided with appropriate protective equipment for their work environment.

There were a significant number of violations, many of which were considered to be serious violations since they had the potential to result in death or serious physical harm. The number and severity of the violations explains why the fines are so large against Nuway Tobacco Co.

Following OSHA's citing of Nuway, the company has 15 days to contest the citations and penalties or to comply with OSHA requirements and fix the problems in their factory. Hopefully, now that OSHA has highlighted these problems and the grave dangers that the safety violations cause to workers, Nuway will institute solutions that help to keep their workers safe.

Employers need to follow OSHA guidelines to the letter and need to ensure that they are doing everything possible to maintain a working environment with minimal risks. This is true not just to avoid large fines, but also to protect the workers who keep the company running.

Tragic Texas Fertilizer Plant Explosion Raises Questions about Safety Violations

Fri, 26 Apr 2013 04:00:01 -0500

On April 17, the fertilizer plant owned by West Fertilizer Company exploded in a fiery ball of flames. The plant was destroyed, along with 75 homes nearby, which were also demolished by the force of the blast. A nursing home, an apartment complex and a nearby school were also damaged. The property loss, however, was not the worst consequence of the accident. At least 14 people were killed, including a plant employee and several firefighters. Hundreds more sustained serious injury.

Following the deadly explosion, many questions were raised about just how such a tragedy could have occurred. Our Boston industrial accident attorneys know there are strict regulations in place for fertilizer plants to ensure that the plants are safe and the risk of explosion is minimized. However, as the New York Times pointed out in a recent article, this fertilizer plant fell through the cracks of regulatory oversight with devastating consequences.

Absence of Oversight Leads to Deadly Explosion

Fertilizer plants are inherently dangerous places. Fertilizer is largely made up of ammonium nitrate, a nitrogen-rich chemical that resembles table salt and that is popular with farmers for fertilizing crops. Unfortunately, ammonium nitrate is extremely combustible. In fact, Timothy McVeigh used ammonium nitrate in the Oklahoma City bombing that took place in 1995.

The West Fertilizer Company plant had this ammonium nitrate present in the plant and it was the ammonium nitrate that caused the serious explosion to occur. However, although more than a week has passed since the explosion, the New York Times points out that investigators did not know how much ammonium nitrate had been stored at the plant nor whether the nitrate had been stored in a safe manner. While there is supposed to be some regulation of ammonium nitrate, it also remains unclear which state, federal or local agencies may have been informed of the presence of the ammonium nitrate.

With the government agencies unsure of who was supposed to be regulating the plant, it is pretty clear that no one was actually monitoring it. Thus, although there were laws on the local level, the state level and the federal level to ensure safety, no one was enforcing those laws and the plant owners were likely not living up to them. As one federal official quoted in the Times said: "The whole thing may have fallen through a number of regulatory cracks."

The fact that a dangerous fertilizer plant with an explosive chemical fell through the cracks is something that should be worrying to every consumer and every business owner alike. If even this dangerous business with highly explosive materials could fall through the cracks, there is no telling how many other potential dangerous worksites are out there just waiting for something to go wrong.

A lack of regulatory oversight and guidance could lead to another disaster, like the explosion in West Texas. A failure to enforce safety laws could also do damage on a smaller but no less severe scale as individual workers at dangerous workplaces throughout the country fall victim to injury due to unsafe working conditions.

Avoiding this unfortunate fate is essential. Not only should government authorities vow to do better when it comes to enforcing regulations in the future, but employers should also take it upon themselves to ensure that they are not putting their workers or the community at large in a dangerous situation.

Spring Construction Accidents a Risk in Massachusetts

Tue, 23 Apr 2013 03:33:10 -0500

When the weather gets warm, there is one thing you can count on: construction. Construction workers hit the roads in the spring and summer to make needed improvements and repairs to private and commercial properties, as well as to improve infrastructure in Boston and throughout the United States. Construction work on government roads, private buildings and commercial establishments and the amount of work being done significantly increases right along with the temperature.

Our Boston construction accident lawyers know that these workers put their lives at risk on a daily basis. Roadside construction sites are dangerous, as are any construction zones. Several accidents have already occurred this year, leaving construction workers dead with grieving family members left behind. In light of these accidents, it is very important for construction workers and for employers to take a few minutes to think about the risks of construction work and about the ways to minimize those risks.

Construction Accidents
Construction accidents happen every day. In fact, just recently, the Boston Herald reported that a Connecticut worker was killed when working on a Massachusetts Transportation Department facility located in North Hampton.

The victim who was killed was a 56-year-old man. He became pinned in between two modular office units that he and other workers were in the process of constructing. The temporary buildings were being put together when one of the units shifted, pinning the victim. Tragically, the man who was killed left behind a wife and three children. One other worker was also injured due to the building shift and was taken to the hospital with minor injuries.

This accident occurred within days of a Boston construction worker losing his life in a New York accident. In that case, WCVB reported that the Boston worker was working on a construction site in upstate New York. He became pinned under a 40-foot-pipe that dislodged as it was being unloaded from a flatbed tractor-trailer. The pipe weight 1,7000 pounds and crushed the 24-year-old worker who had been guiding the pipe using a guide rope as it was lifted by a steel-cabled excavator.

Staying Safe
Both of these tragic accidents involved a loss of life due to workers being crushed. Unfortunately, crushing accidents are not the only ones likely to occur in work zones as more people complete construction trough the warmer summer weather. Ultimately, the only way that any worker will be safer from being crushed or otherwise injured will be to ensure that working conditions are as safe as possible.

The Occupational Safety and Health Administration (OSHA) conducts periodic inspections of worksites. Unfortunately, OSHA cannot be everywhere all the time and employers need to step up and do the right thing. Providing appropriate safety gear; ensuring workers are adequately trained; and complying with all OSHA regulations can help to save lives.

Legislation Would Boost Boston Workplace Protections

Sat, 20 Apr 2013 14:56:47 -0500

Our Boston workers' compensation attorneys have been closely following the developments surrounding the introduction of the Protecting America's Workers Act, would would provide a much-needed update to the Occupational Safety & Health Act of 1970.

The Center for Public Integrity, which has been thorough in its ongoing series on the gaps of workplace safety oversight and protections, reports that perhaps the most substantial part of this legislation is that it would increase the enforcement power of the Occupational Safety & Health Administration.

So for example, let's say a company that is involved in a willful violation - that is, one in which its superiors knew or should have known the dangers - and that violation leads to a death. As it stands right now, the employer could face a misdemeanor charge that would result in a maximum six months in prison. In the state of Massachusetts, you would face more jail time for illegally betting on a horse than you would for violating a safety law that results in a worker's death.

This federal bill, if passed, would change that.

Instead of a misdemeanor, this kind of violation would be a felony, which would be punishable by up to 10 years in prison.

The other thing this bill would do is increase civil penalties. That's something that hasn't been done in nearly 25 years. This is important because the fine schedule hasn't kept pace with inflation.

A serious workplace safety violation, which is one that would most likely result in serious physical harm or death, is punishable by a civil fine of up to $7,000. What the Protecting America's Workers Act would do would be to raise that to $12,000, which would essentially just put it in line with inflation costs.

Same thing for repeat or willful violations, which right now carry a maximum fine of $70,000. That amount would be bumped up to $120,000.

Employers would still have to correct workplace dangers uncovered by federal inspectors - even if they were in the process of formally contesting the citation. Right now, that negotiation process can take years, and that means the upper hand lies with the employer. OSHA is eager to keep workers safe and the employer is just trying to bargain down the liability. OSHA usually ends up settling for costs much lower than the initial fine, simply so that the employer will move ahead with addressing the hazard.

And finally, another major thing this bill would do would be to require companies to protect ALL workers on a work site, rather than solely those that are directly employed by the firm. Hopefully, this will help to address the issue that contractor injuries, some of the most common on job sites, aren't actually recorded or logged by the primary company doing the work. In the end, neither the government nor the public gets a clear picture of whether these workplaces are safe because, half the time, incidents that happen on site aren't reported because the injury involved a contract worker.

Workplace Air Quality Ailments a Major Threat to Employees

Wed, 17 Apr 2013 13:53:26 -0500

The director of the U.S. Occupational Safety & Health Administration, David Michaels said he would be the "first to admit" that the system currently in place to protect workers from air quality issues on the job is effectively broken.

On the one hand, our Boston workers' compensation lawyers find it a bit refreshing to hear some honesty regarding some of the deplorable conditions that continue to exist for American employees, despite all of the funding we spend on regulation. On the other hand, this confession is deeply troubling because it means that clearly, more needs to be done to protect workers from the kinds of hazards that are posing substantial risk.

A recent story by The New York Times reveals that when it comes to workplace air quality standards, our business sector's track record is abysmal.

Part of the reason is that it's considered a long-term threat. It's generally less dramatic in that the effects of such ailments take years to manifest. Most of the money OSHA spends is funneled into a quick response effort regarding dangers that are in the present, even though those slow, silent killers - asbestos, glue fumes, arsenic and lead - claim far more lives.

The agency has penned workplace safety standards for a total of 16 dangerous substances and chemicals used regularly in workplaces. But we must consider that there are literally tens of thousands of dangerous substances that workers in this country handle each and every day. Who is policing that? Usually, the employers.

When that happens, there will almost inevitably be lapses in oversight and efforts to undercut safety measures in favor of bottom line profits.

A clear-cut example of this are numerous workplaces and plants that use a dangerous chemical called nPB, or n-propyl bromide. Tens of thousands of workers in manufacturing industries such as high-tech electronics, dry cleaning and auto body have come in contact with this chemical. What's especially troubling is that even though chemical companies and government officials have warned that long-term exposure to nPB has the propensity to cause infertility and neurological damage, companies aren't doing enough to shield workers from these hazards. In fact, use of this substance has gone up by more than 15 times what it was just six years ago.

In the case of a furniture manufacturer in North Carolina, the chemical was used in spray gluing guns. Ventilation was reportedly poor. Yet even when workers began to fall ill, and even after federal officials determined that the levels of nPB exposure weren't safe, the company allegedly failed to provide respirators and fans meant to vent fumes were still turned off, to save on electricity costs.

The company has said that alternatives to nPB aren't any safer and in some cases, are more dangerous.

Toxic air on the job is accountable for a host of chronic ailments that affect some 200,000 workers in the U.S. every year. Those include mesothelioma, stonecutter's disease, asbestosis, black lung, pneumoconiosis and grinder's rot.

To put this into perspective, about 40,000 people in this country every year die before their time because of their exposure to dangerous substances at work. That is 10 times the number of workers who die in mine collapses or refinery explosions or other similar instances that garner far more public attention.

Spring Roofing Safety Tips in Massachusetts

Sun, 14 Apr 2013 04:43:49 -0500

Roof RocketThe Department of Labor reported that there were 299 deaths caused by workers falling off of roofs from 2003 to 2010. Many of these deaths could have been prevented if proper safety precautions had been taken.

Our Boston work injury attorneys know that employers are required to comply with OSHA rules on fall protection when roofing work is performed. It is important that employers know of the rules for keeping workers safe while roofing, especially as the weather warms up and more people hire professionals to tackle outdoor projects such as putting on a new roof.

Roofing Safety Tips
Employers have the obligation to ensure that their workers are not put into jeopardy when they are doing a job. When the job the worker happens to be doing is up high on a roof, then employers must make absolutely sure that they do everything possible to prevent a devastating or deadly fall.

Federal rules make clear that proper safety precautions should be taken any time construction activities are performed that require a worker to be more than six feet up off the ground. Roofing, of course, is an activity that mandates workers are higher up than this.

As such, the fall protection requirements for roofers include protection through a safety net system; guardrail system or a personal fall arrest system. Employers must comply with OSHA requirements and all federal rules or they risk not only having to pay workers' compensation claims but also facing OSHA citations and fines.

Workplace Safety Experts.com also outlines some key tips for roofing safety while working on a roof. Their tips include:

The roofer wearing a safety harness at all times.

The roofer wearing a hard hat.

The use of caution tape around a building alerting people to the fact that there are roofers on the roof.

Ensuring that the ladder rises at least two feet above the rooftop in order to ensure that the ladder is sturdy.

Carrying tools up to the roof not using your hands but instead using a tool belt for smaller tools and a pulley system for larger ones.

Checking all safety gear before starting the job. It is important to ensure that it is in good condition and that it is not breaking, broken, frayed, torn or scratched.

Workplace Safety Experts also addresses other safety tips to protect roofers from non-fall injuries that could occur on the roof. For example, workers should point their air knife away from the body when cutting shingles to avoid cutting themselves; should consider wearing knee-pads to protect their knees while on the roof; and should wear work glove to protect their hands from shards from wood and shingles. While fall accidents tend to get the most attention when it comes to roofing accidents, these issues are important to keeping a worker safe as well.

Low Wage Workers Deserve a Safe Work Environment

Fri, 12 Apr 2013 04:35:58 -0500

Truth-Out.org, a 501(C)(3) nonprofit with a progressive focus, recently published an article taking a look at legislation across the states to undermine the rights of workers. The article discussed a so-called war on workplace rights targeted at low-wage workers.

This article was published shortly another story in February of 2013 on EHS Today addressing the plight of low wage workers who get hurt on the job.

Unfortunately, as these and many other recent news stories show, workers are currently struggling and losing the battle to secure reasonable working conditions. In addition to attacks on minimum wage and the right to form unions, these workers also deal with the grim reality every day that their employers prioritize profits over people. Our Boston workplace injury attorneys know that this profit-focused mindset may also result in employers creating an unsafe work environment, putting workers at greater risk of the serious injuries that would cause them such financial harm.

Low Wage Workers Deserve a Safe Work Environment
Low wage workers work in many different industries, but one of the most notorious is the fast food industry. Fast food jobs are known to present many risks, including the dangers of inhaling emissions at the drive-thru window; cutting or burning yourself; or injuring your body through heavy lifting or repetitive movements. Unfortunately, workers in these jobs often have limited incomes, may not make enough to get medical help to take care of themselves, and usually don't get paid sick leave.

The tough working conditions have, according to MSN, sent some workers into the streets to protest their low wages and to demand a living wage. The workers have expressed that they are "sick and tired of being sick and tired," and believe that they should be making $15 per hour for the work performed.

While protesting wages may be the immediate focus of the workers, however, the recent EHS Report identified another big problem that these workers face: the losses that they would endure if they get hurt while they work. According to EHS, injuries and illnesses among low-wage workers cost more than $39 billion in 2010, in part because these workers have no paid sick leave and thus lose money when they stay home and miss work to recover from a work-related illness. These workers could struggle to buy groceries and pay rent due to an injury that causes even a day or two of missed work.

This should not be the case. Employers need to ensure that they are not leaving low-wage workers to work in a job that puts them at risk of being hurt. Workers should have the proper training to do their jobs successfully and the work environment should be maintained so as to avoid the risk of injury occurring.

If and when a workplace injury happens, the workers shouldn't have to fear that they won't be able to pay their bills but should instead understand that workers' comp covers their costs. Many lower wage workers may be unaware of their right to make a workers' compensation claim or may not understand the process and it is imperative that these workers are informed of their rights so a workplace injury doesn't cripple their fragile economic state.

Increase in Teen Summer Jobs Raises Concerns about Workplace Safety

Mon, 08 Apr 2013 04:29:44 -0500

In recent years, teenagers have had a tough time finding summer employment while off from school because of a tight job market. According to NBC News, however, this may be less of a problem this summer as economic momentum improves and there are more jobs available. While it is uncertain whether the sequester will have any impact on reducing or limiting hiring, the current news is good for teenagers and more may find themselves hired to do work this summer season.

While the news is good that more teens may find desired employment, our Boston work injury attorneys know that teenagers face some unique risks in the workplace. Teenagers, like all workers, could potentially get hurt on the job. However, due to the nature of the jobs that they take as well as their general inexperience, young workers may be at an especially great risk of suffering a workplace injury.

Teen Worker Safety a Top Priority
NBC News reported that managers responsible for hiring hourly summer workers indicated an intent to add an average of 30 workers over this summer season. This is an increase from the 27 workers that were added over the course of the last summer. This increase in available jobs is good news for 16 to 19 year olds with an unemployment rate of 25.1 percent in February.

However, many of these jobs are in food service and landscaping work, two jobs that have a high risk of injury. In fact, Work Safe Center indicates that around 3 million teenagers do summer work in food service and that around 230,000 of them are hurt on the job each year.

Teen workers in the restaurant business could be at risk of burn injuries; slip and falls or repetitive stress injuries; and theft crimes in the workplace, among other risks. Teens performing landscaping work, on the other hand, do physical jobs often using machines such as lawnmowers or saws. These teens could damage their bodies or hurt themselves as a result of a tool they are using.

It is up to employers to ensure that they are protecting their teenage workers who they bring on this summer. Some tips to help make the workplace safer for younger workers include:

Understanding child labor laws and age restrictions. There are many jobs that cannot be done by people under a certain age. For example, using certain types of machinery such as meat grinders or slicers may be prohibited for young teen workers.
Providing proper workplace training. Teens are inexperienced and might not understand how to protect themselves in a work environment. All teenagers should be trained on all aspects of their job including the safety rules for the workplace.
Ensuring appropriate supervision. A manager or trained staff member should be on duty to ensure that teens aren't putting themselves into risky or dangerous situations, especially when young workers first take a job.
Maintaining a safe work environment. Teens desperate for work with such high unemployment rates may be willing to put up with unsafe conditions, especially since most young people don't know their rights under the worker protection laws. Employers should not take advantage of these teens but instead should ensure the workplace is safe and meets all OSHA requirements.

When a teen is injured at work, especially seriously injured, this can have devastating consequences on the rest of his life. Avoiding such a tragedy should be the top priority for every employer.

Working Near Diesel Engines Fueling Increased Health Risks

Thu, 04 Apr 2013 22:17:29 -0500

Diesel engines are everywhere -- and they're often hazardous to employees. According to the Occupational Safety and Health Administration (OSHA), these kinds of engines are used to power a number of different kinds of vehicles, heavy machinery and equipment. There are also a number of industries that use these engines, including mining, agriculture, construction, maritime, manufacturing operations and the transportation industry.

The primary hazard is the exhaust that these engines produce. This gas contains a mixture of small particles and gasses that can create serious health hazards when they're not properly controlled.

Our Boston workers' compensation lawyers know Diesel Particulate Matter (DPM), which is a component of the exhaust that includes dangerous particles like silicates, sulfates, ash, carbon and metallic abrasion particles, is an increasingly studied risk faced by many employees in varied workplaces throughout the United States. Workers with potential exposure risks to these materials include those in many industries. All workers in the vicinity of these engines and diesel fumes are at serious risks.

What are the short-term health effects of diesel exhaust?

-Headaches

-Eye Irritation

-Dizziness

-Throat Irritation

-Nose Irritation

What are the long-term health effects of diesel exhaust?

-Cardiovascular Disease

-Respiratory Disease

-Lung Cancer

-Cardiopulmonary Disease

So we know about the risks that are associated with exhaust fumes and particles, but what can we do to avoid them?

It's important that you're limiting your speeds and using one-way travel routes. This is going to eliminate traffic congestion and close run-ins with exhaust. Make sure that operators are limiting their time idling or lugging engines. It's also a good idea to limit the total horsepower of the operating engines. This helps to reduce fumes emitted. There should also be areas that are off-limits for diesel engines.

To help to control the exposure to these kinds of fumes, employers should be making sure that they're performing preventative maintenance on their diesel engines. They should have the proper exhaust filters, should be clean burning engines and should have diesel oxidation catalysts. All of the cab areas in these machines and vehicles should have air filters. Workers should not be exposed to these fumes on the job. Another way to manage the intake of these fumes is to install main or auxiliary ventilation systems. These can be installed as a stack exhaust or a tailpipe exhaust. All of these preventative measures will help to keep your workers alive and well.

Your best bet is to stay away from these engines. Limit your time working near them and make sure you're getting enough fresh air. It all sounds so simple, but too many workers are spending their work day in close quarters with this machinery -- and their health is suffering because of it.