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Progressive Gourmet Inc. was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for repeated and serious safety violations at its Wilmington production facility. The wholesale manufacturer and distributor faces a total of $73,400 in fines after an inspection in response toemployees‘ complaints.

OSHA found that the facility lacked satisfactory procedures to prevent the inadvertent startup of machinery while employees performed service and maintenance to the equipment. The company also failed to provide employees with adequate information and training on how to power down and lock the power sources before performing maintenance on the machines.

Because of these conditions, the company was cited for $55,000 for two repeat violations. A repeat violation exists when an employer previously has been cited for the same or a similar violation within the last five years within the last five years. Similar violations were cited in 2008 at this same location.

P. Gioioso & Sons Inc., a Hyde Park contractor has a long history of violating excavation safety standards. They have agreed to pay $200,000 for exposing its employees to cave-in hazards. The contractor has also agreed to renovate its safety practices to minimize trenching hazards and enhance worker safety.

P. Gioioso & Sons Inc. works mainly on underground water and sewer mains. They have been cited nine times since 2000 by the Department of Labor’s Occupational Safety and Health Administration (OSHA) for violations of OSHA’s trenching and excavation safety standards.

OSHA recently found employees working in unprotected trenches in both Cambridge and Framingham. It then issued citations worth $354,000 in proposed fines. Gioioso opposed the citations, and the OSHA regional solicitor drafted a settlement agreement that would require Gioioso to increase safety standards to protect its workers.

The cost for each workers’ compensation claim in Massachusetts fell six percent in 2010. Workers Compensation Research Institute (WCRI) states this is the largest decrease among the sixteen states that it reviewed in its study.

The decrease in total costs per claim reflects the state’s recovery from the Great Recession costs of 2009. Previously, total costs per workers’ compensation claim rose ten percent per year during the recession period of 2007 to 2009.

The WCRI study analyzed claims involving workplace injuries that cause an employee to miss more than seven days of work. The study found that because the rise in unemployment was less severe in Massachusetts than that of the United States, injured workers may have had more opportunities to return to work with their employers or find new jobs in states with higher unemployment rates.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited a Nashua, NH contractor for repeat and serious safety violations at a Massachusetts utility installation work site. Newport Construction faces $30,310 in proposed fines for trenching hazards at the site. OSHA standards require that trenches, or excavation, five feet or deeper be protected against collapse.

Inspectors from OSHA were driving by the intersection on the border of Bedford and Burlington to another work site when they observed the employees working in an unprotected excavation. Immediately, an inspection was opened and the trench was found to lack cave-in protection, as well as a way for workers to exit the trench safely and swiftly in the event of an emergency.

OSHA issued Newport Construction $28,000 in fines for two repeat violations. A repeat violation exists when an employer has previously been cited for the same or similar violation at any other facility in federal enforcement states within the last five years. Newport was previously cited in October of 2008 for similar violations.

Massachusetts Attorney General Martha Coakley announced a $1 million settlement with a workers’ compensation billing company that overcharged the state and a number of towns and cities for prescription drugs.

StoneRiver Pharmacy Solutions Inc. is a billing form that charges cities and towns for prescription drugs on behalf of pharmacy retail stores. StoneRiver will pay close to $500,000 to governmental subdivisions to repay them for overcharges and violations of the False Claims Act.

Attorney General Coakley said, “Overcharging for prescription drugs harms cities and towns at a time when they are facing great financial pressure to provide much needed services to people. This case will provide restitution to those communities, and we are determined to prevent overcharges like these from happening in the future.”

Many physicians who prescribe powerful painkillers, such as Oxycontin and Vicodin, for injured workers fail to follow the recommended treatment guidelines for monitoring their patients, which results in long-term drug use that may lead to addiction.

The Workers Compensation Research Instituteconcluded that approximately one in twelve injured workers who are prescribed narcotics are still using them three to six months later. The study found that workers prescribed these medications seldom receive recommended drug test monitoring and psychological evaluation, which can help to prevent future addiction.

The study comes amid a rising sea of painkiller addiction in the United States; there has been a 300% rise in the sale of these strong painkillers since 1999. The Workers Compensation Research Institute analyzed nearly 300,000 workers’ compensation claims between 2006 and 2009 from twenty-one states, including Massachusetts, and followed the prescriptions associated with them.

Massachusetts’ workers’ compensation program and the Social Security Administration provide benefits for the survivors of deceased workers to help ease the financial burden that may remain after the death. These programs are trying to provide necessary benefits to families in their times of need.

Also, the Occupational Safety and Health Administration (OSHA) is trying to keep families better informed throughout their investigations of the fatal workplace accident. OSHA recently taught their representative how to facilitate successful communication with families following workers’ fatal accidents.

OSHA representatives are encouraged to contact families early and provide them with contact information throughout the investigation. The representatives keep the families informed throughout the investigation, provide them with copies of citations issued against the employers, and provide support during settlement.

One worker was killed and another seriously injuredwhen the roof of a building under construction fell on Carlton Avenue. The collapse caused both men, who worked as cement mixers, to fall three stories.

A witness, who was on the roof at the time of the collapse, said the accident happened soon after the foreman on the street tried unsuccessfully to stop cinder blocks from being stacked on top of the proposed four-story building. He said that the part of the roof that he was standing on did not crumble, but that his two co-workers were not as fortunate.

He stated, “It’s a sad situation, seeing two of your co-workers go down. There’s a lot of risk in construction.” The city’s building commissioner stated that the cinder blocks seemed to be the cause of the collapse.

Late August, the Division of Insurance rejected a proposed increase to Massachusetts workers’ compensation rates by 18.8 percent.

After a five month hearing process, the rates will remain unchanged, and businesses will not be forced to pay an estimated $200 million on projected premium increases. The Workers’ Compensation Rating and Inspection Bureau were behind the proposed rate increase, and said it was necessary since rates aven’t risen since 2001.

The Insurance Commissioner stated, “After analyzing the wealth of data and information presented during the case, we found insufficient support for such a significant increase.”

Monro Muffler Brake Inc. operates a chain of more than 800 stores that provide automotive repair and tire services throughout the eastern United States. Monro has reached an enterprise-wide agreement with the U.S. Department of Labor where it will institute procedures to protect its workers against being crushed or struck by automotive hydraulic lifts.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) cited the Stoughton location for improperly inspecting and maintaining hydraulic lifts, following an incident where a lift failure caused a car to fall to the ground. Monro initially contested these citations, which had proposed fines of $19,000, but now has agreed to address the issue companywide.

OSHA’s regional administrator in Boston said, “That means safer working conditions for thousands of workers at hundreds of workplaces.”
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