Massachusetts Workers’ Compensation Lawyer Blog

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.

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.

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.”

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.”

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.

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.

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.