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A fifty-six year old construction worker was working at Dave & Buster’s Restaurant at the Palisades Center Mall when he was struck in the head by a falling piece of steel pipe. The worker remained conscious and alert after suffering the head injury.The worker was taken to Westchester Medical Center by ambulance. It was unknown whether the employee was wearing a helmet at the time of the incident.

The Palisades Center is currently undergoing a multimillion dollar renovation.At this time, it is unclear whether the Department of Labor’s Occupational Safety and Health Administration (OSHA) will investigate this matter.

Pulgini & Norton, LLP attorneys have handled workers’ compensation claims for over 25 years in and around Boston and its surrounding areas. If you or a family member has been injured at work and would like to seek legal assistance, please contact us at (781) 843-2200 or (888) 344-2046 or email us.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reports that heat illness can be deadly. Studies show that every year thousands of workers become sick, or die, from exposure to heat, but these illnesses are preventable.A 45 year old postal worker from Medford collapsed and died while making a delivery last week. James Baldassarre was found lying on the ground and later pronounced dead at Massachusetts General Hospital. His wife believes that the intense heat and humidity led to her husband’s death.

Temperatures on that day reached the 90s with high levels of humidity. When rescuers responded, Baldassarre was unconscious with a fever of 110 degrees.

Workers exposed to hot and humid conditions are at risk of heat illness, primarily those doing heavy tasks or wearing heavy protective clothing. Heat illness ranges from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke is the most dangerous; it requires immediate medical attention and can result in death.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Smith Pipe in Abilene, Texas after an employee died during an industrial accident. The two citations carry a fine totaling $14,000.An employee died when an 11,000 pound tank was being loaded onto a truck slid off and crushed him. He died of a head injury.

The local area director stated, “One (of the citations) was because the crane operator continued to move the load when visual contact with the signal person was lost. The other one was for using the crane for dragging a load sideways.”

Pulgini & Norton, LLP attorneys have handled workers’ compensation claims for over 25 years in and around Boston and its surrounding areas. If you or a family member has been injured at work and would like to seek legal assistance, please contact us at (781) 843-2200 or (888) 344-2046 or email us.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Plains Trucking LLC for nine safety violations following an employee fatality in March of this year. The proposed fines for these violations total $28,000.The worker was cleaning the inside of a crude oil tanker that exploded at the company’s Ross facility. The accident happened when another worker lowered a treble light into the tanker, which is not approved for use in such conditions. The second worker suffered a concussion and a head laceration.

The OSHA area director stated, “The company failed in its responsibility to train workers and evaluate the working conditions of confined spaces, which carry unique hazards, before allowing workers to enter. No job should cost a person’s life because of an employer’s failure to properly protect and train workers.”

One willful violation was cited, involving the company’s failure to develop and implement a confined space entry program. Eight serious violations were also cited for failing to evaluate the need for personal protective equipment, lack of machine guarding on pulleys and belts, failing to develop and implement a written respiratory protection program, use of electrical lighting not approved for a hazardous location, and failing to compile a list of chemicals, and provide training on those chemical hazards.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Environmental Enterprises Inc. with 22 safety and health violations after a fire and explosion occurred at the Cincinnati waste treatment facility, which killed one worker and badly burned another. The 22 violations carry a proposed fine of $325,710.The OSHA area director stated, “Environmental Enterprises demonstrated a complete disregard for employee’s safety and health by failing to recognize and train employees on potentially dangerous interactions between materials being handled and tools in use. Even after this tragic explosion, the company failed to immediately address procedures and ensure employees knew how to use appropriate personal protective equipment and properly handle hazardous waste such as sodium chlorate. OSHA is committed to protecting workers on the job, and educating employers about safety and health regulations.”

An OSHA investigation determined that the cause of the fire and explosion was the ignition of organic industrial filter cartridge filled with sodium chlorate, which is a strong oxidizer. Employees were given permission to use an electrically powered saw to remove metal caps from the end of the filters; however, when sodium chlorate is in contact with incompatible materials it becomes sensitive to reactions which result in fire and violent explosions.

OSHA found four willful violations related to the fatality, which resulted in OSHA placing Environmental Enterprises Inc. on the Severe Violator Enforcement Program, which mandates follow-up inspections to guarantee compliance with the law. The program focuses on employers that endanger workers by committing willful, repeat or failure-to-abate violations.

A report published by the Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health showed that there were 32 work-related fatalities in Massachusetts in 2012. This number has decreased from the 58 deaths which occurred in 2011, but the organizations are calling for change to prevent further workplace injuries and deaths.Motor vehicle accidents and falls were some of the leading causes of workplace fatalities, with 6 deaths attributed to falls and 5 deaths related to motor vehicle accidents. Other dangerous work injuries were firefighters with 7 deaths, and fishermen with 4 deaths last year.

Construction sites are the most dangerous worksite for employees, accounting for 19% of the total number of work-related deaths. The average age of employees that suffered work-related deaths is 50, with the youngest at age 17, and oldest being 73 years old.

Although the number of workplace fatalities has decreased since 2011, the number of injuries and occupational diseases remains high. 50,000 people sustained serious injuries at work, more than 300 died from occupational diseases, and 1,800 workers were diagnosed with cancer or other diseases related to workplace exposure.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Carson Helicopters for eight serious violations at the Pennsylvania facility. Carson Helicopters is an FAA approved helicopter repair station that provides repair, overhaul, and manufacturing of all major helicopter models.These eight serious citations carry with them a proposed penalty of $40,500.

The eight serious violations included: spray booths containing combustible floor lining, no air flow measuring devices or fire extinguisher systems, exposure to hexavalent chromium above the permissible exposure limits, a lack of engineering controls to reduce exposures and a lack of a medical program for workers exposed to hexavalent chromium, as well as a monitoring program for workers exposed to hexavalent chromium.

Also, Carson failed to ensure the use of proper respiratory protection for workers while painting, failed to ensure there was a controlled area where exposure to hexavalent chromium exceeded permissible exposure level, failed to provide training on the hazards of hexavalent chromium exposure, failed to provide separate areas for street clothes and contaminated clothes, and failed to keep eating areas free of hexavalent chromium.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Gilman Cheese Corporation with ten violations after a worker had two fingers amputated by an unguarded machine. The fines accompanying these ten violations totaled $126,700.The employee was operating an unguarded cheese packaging and labeling machine at a factory in Wisconsin when his two fingers were amputated. Because of the hazards and willful violations cited, Gilman was placed on OSHA’s Severe Violator Enforcement Program.

Being labeled a Severe Violator requires follow-up inspections to ensure that Gilman is complying with the law, and OSHA can inspect any of their facilities or job sites.

Two of the violations cited were willful violations, which included: failing to develop and train workers on specific machine lockout procedures to prevent unexpected start-up of machines during maintenance, and failing to provide adequate machine guarding.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is investigating an injury that happened at the construction site of the new Central Middle School in Quincy. An employee fell and injured his head after being shocked by a power line.The regional spokesman stated that the inquiry will “seek to determine whether or not there were violations of workplace safety standards.” The injured worker was an employee of Costa Brothers Masonry, and was taken by ambulance to a Boston hospital with non-life-threatening injuries.

Jeffrey Starr, Quincy Deputy Fire Chief, said the injured worker was working on scaffolding when he came in contact with the power line, causing him to fall six to eight feet to a lower level of scaffolding. The employee suffered a burn on his arm from the power line and a head injury from the fall.

Pulgini & Norton, LLP attorneys have handled workers’ compensation claims for over 25 years in and around Boston and its surrounding areas. If you or a family member has been injured at work and would like to seek legal assistance, please contact us at (781) 843-2200 or (888) 344-2046 or email us.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) fined SeaWorld in Orlando, Florida for a repeat violation following the death of a trainer who was drowned by a killer whale. OSHA labeled SeaWorld a repeat offender for continuing to operate a workplace that can cause death or serious harm to employees.OSHA has recommended some preventative measures for SeaWorld, such as “prohibiting animal trainers from working with killer whales…unless the trainers are protected through the use of physical barriers or the trainers are required to maintain a minimum safe distance.”

In court, OSHA stated that SeaWorld’s attempts to protect killer whale trainers are still inadequate. SeaWorld responded that it is in compliance with OSHA’s requirement that trainers remain behind barriers or stay a safe distance away during the Shamu shows.

An administrative law judge previously upheld the OSHA safety violations against SeaWorld and ordered the park to pay $12,000 in fines. The judge also held that, OSHA could mandate SeaWorld to “install physical barriers between its trainers and killer whales” or “require its trainers to maintain a minimum distance from the killer whales.”
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