Massachusetts Workers' Compensation Lawyer Blog

Monro Reaches Agreement with Labor Department to Protect Workers Against Hydraulic Lift Hazards

Published on: January 11, 2013 | by Pulgini & Norton, LLP

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.”

Ex-NFL Player Tom Tupa Found Eligible for Workers’ Compensation

Published on: January 9, 2013 | by Pulgini & Norton, LLP

Maryland’s highest court ruled that longtime NFL punter Tom Tupa is eligible for workers’ compensation. Tupa suffered a career-ending back injury while warming up for a preseason game in 2005 at FedEx Field while he was a member of the Washington Redskins.

Maryland Court of Appeals said, Tupa’s injury happened “out of and in the course of (his) employment.” The Redskins argued that Tupa’s injury was not an accidental personal injury within the meaning of Maryland’s workers’ compensation law. The court rejected this argument.

Judge Eldridge wrote, “He was warming up for a game when he landed awkwardly and thereafter sought immediate medical treatment. Ample evidence was presented to show that Tupa suffered a compensable accidental injury during the course of his employment.”

MA Company Cited by OSHA after Crane Comes in Contact with Power Line and Injures Worker

Published on: January 4, 2013 | by Pulgini & Norton, LLP

A Canton-based heavy equipment operator has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for alleged willful and serious violations of safety standards while working to replace the Hine Bridge in Amesbury. Barletta Heavy Division Inc. faces proposed fines of $91,000 after a worker was injured when a crane struck an overhead power line.

An inspection by OSHA found multiple incidents of cranes striking power lines during the Hine Bridge project. Also, Barletta did not conduct a hazard assessment, failed to properly indicate the work zone with signage and did not verify that each signal person met qualifications prior to giving signals to crane operators.

OSHA’s area director said, “We issued a citation for a willful violation due to the fact that the employer knew of the power line hazard and did not take steps to correct it. We learned through interviews that the same crane had struck the same line two other times in the course of a year.”

OSHA Fines Merrimack Premium Outlet Contractors $173,500

Published on: August 16, 2012 | by Pulgini & Norton, LLP

Ten contractors that worked on construction of the Merrimack Premium Outlets shopping mall in Merrimack were proposed fines totaling $173,000 by U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for alleged workplace safety violations.

OSHA’s Concord office began an inspection in January and found fall, electrical and other hazards. Hardin Construction of Atlanta, Georgia was cited as well as nine subcontractors.

OSHA’s New Hampshire area director stated, “Our inspection found workers exposed to a variety of common but avoidable hazards associated with construction work, notably falls and electric shocks. Both of these hazards can kill or disable workers in seconds. For the safety of their employees, employers must adhere to required safeguards at all times on this and all job sites.”

Secretary of Labor Announces Fall Prevention Campaign

Published on: August 15, 2012 | by Pulgini & Norton, LLP

Hilda Solis, the Secretary of Labor, announced a new campaign led by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to prevent deadly falls in the construction industry. The campaign will provide employers and workers with life-saving information and educational materials about working from ladders, scaffolds, and roofs safely.

In 2010, more than 10,000 construction workers were injured while falling from heights during work, and 225 other workers were killed from falling from heights. The Labor Department sponsored a summit in April for Worker Safety and Health in honor of Workers’ Memorial Day.

Workers’ Memorial Day is observed on April 28 to remember the workers who lost their lives as a result of preventable injuries. Solis said, “The best way to honor Workers’ Memorial Day is to make sure that another family does not have to suffer the pain of losing a loved one because of preventable workplace injuries. Falls are the most fatal out of all hazards in the construction industry, accounting for almost one in every three construction worker deaths. Our simple message is that safety pays, and falls cost.”

Man Cuts Off Finger at Construction Site in Hamilton, MA

Published on: August 14, 2012 | by Pulgini & Norton, LLP

A contractor was working to rebuild a home that was destroyed by fire last winter when he cut off his finger in a construction accident earlier this month.

The 25 year old worker was using a circular saw on the first floor of the new home, where he was cutting some strapping when the saw detached his left index finger.

Hamilton Police and Fire Department responded around 11:15 a.m. and the injured worker was taken to Beverly Hospital where he was treated. Occupational Safety and Health Administration (OSHA) has been notified, but it will take them a few weeks to investigate.

OSHA Railing Requirements

Published on: August 12, 2012 | by Pulgini & Norton, LLP

The Department of Labor’s Occupational Safety and Health Administration (OSHA) requires railings as a form of fall protection for workers when there are holes in the walls or floors, or there is a possibility that a worker can fall from one level to the level below. It is the employer’s responsibility to assess when conditions require a railing and to provide the necessary fall protection.

OSHA regulations call for a railing system that can be permanent or removable depending on the usage of floor openings; wall holes and openings; open-sided floors, platforms, and runways; and stairways. The standards specify that all guardrail systems must consist of a toe board, a mid rail and a top rail. This system must be able to withhold 200 pounds when struck.

The general industry standards require a railing when workers are more than four feet about the next level. However, construction standards require fall protection when a worker is more than six feet above the next level.

OSHA and NIOSH Issue Hazard Alert to Protect Workers from Silica Exposure

Published on: August 10, 2012 | by Pulgini & Norton, LLP

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) issued a hazard alert for employers in hydraulic fracturing operations to take appropriate steps to protect workers from silica exposure.

This action meets the Obama administration’s focus on ensuring that this important resource continues to be developed safely and responsibly. The hazard alert follows a study that found that overexposure to silica is a health hazard to workers conducting hydraulic fracturing operations.

In 2010, NIOSH began collecting data at hydraulic fracturing operations because large quantities of silica sand are used during the process. NIOSH worked in cooperation with oil and gas industry partners to sample the air at eleven sites in five states where hydraulic fracturing operations were occurring. They discovered seven sources of silica during operations and found that workers downwind had the highest silica exposures.

Massachusetts Laundry Company Fined $186,000 for Hazards at New Jersey Facility

Published on: August 9, 2012 | by Pulgini & Norton, LLP

UniFirst Corp., a Wilmington uniform and laundry service was cited for seven serious health and safety violations at its West Caldwell facility. A complaint prompted US Department of Labor’s Occupational Safety and Health Administration (OSHA) to investigate.

One of OSHA’s directors said, “The violations at this facility compromise the safety and health of UniFirst’s workers. It is vital that the company take appropriate steps to eliminate all identified hazards.”

Thee willful violations include a failure to conduct proper training and provide hepatitis B vaccinations, and a failure to have engineering and work practice controls in place to eliminate or diminish exposure to bloodborne pathogens. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. These citations constitute $165,000 in fines.

OSHA Fines Tenneco $79,300 for Violations in Georgia

Published on: August 7, 2012 | by Pulgini & Norton, LLP

The Occupational Safety and Health Administration (OSHA) fined Tenneco Automotive $79,300 for exposing employees to hexavalent chromium and other hazards. OSHA said it found sixteen health and safety violations during their inspection, which was in response to a complaint alleging the hazards.

Some of the fourteen serious hazards involve a failure to protect employees from exposure to hexavalent chromium, including ensuring that employees with and around the toxic chemical compound removed their contaminated clothing and showered before leaving the facility after their shift. Tenneco management also did not provide medical opportunities to employees that were exhibiting symptoms related to this chemical.

Other serious violations included tripping and fall hazards, as well as inadequate rules regarding respirator usage. A serious violation occurs 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.

Massachusetts Workers’ Compensation Lawyer Blog