Articles Posted in Uncategorized

An employee was injured during a collapse at a construction site on the campus of Temple University. It appeared to be caused by a steel of a floor that collapsed.

Engineers believe that a connector on the fifth floor failed, causing a steel beam to split from the structure and land on the floor below. The construction worker suffered a leg injury and was taken to the hospital where he is in stable condition.

State inspectors and federal officials will be inspecting the rest of the building.

An American Eagle Airlines worker was seriously injured when he was pinned between a baggage loading vehicle and the cargo area of an airplane at Greater Rochester International Airport. The twenty-five-year-old employee was loading bags onto the airplane prior to the flight at the time of the injury.

The employee was standing on a baggage loader while it was in gear and the parking break engaged, when it suddenly lurched forward, pinning him. Another worker found him unresponsive and backed up the baggage loader to free him.

The company stated, “The safety of our people is always a top priority for American Eagle and we are conducting a full review to determine how our team member was injured.”

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Bacardi Bottling Corp. with 12 safety violations following the death of a 21 year old temporary employee his first day on the job. The proposed penalties for the willful and serious violations total $192,000.OSHA’s Assistant Secretary of Labor said, “A worker’s first day at work shouldn’t be his last day on earth. Employers are responsible for ensuring the safe conditions of all their employees, including those who are temporary.”

The employee was cleaning glass from under the hoist of a palletizing machine when the worker accidentally restarted the palletizer. Bacardi failed to train the employee of using locks and tags to prevent these kinds of accidents and to ensure its employees used these procedures to lock or tag out machines.

Two willful citations were issued for failing to create and use lockout/tagout procedures, and for failing to train workers on these procedures. The Secretary of Labor also said, “We are seeing untrained workers – many of them temporary workers – killed very soon after starting a new job. This must stop. Employers must train all employees, including temporary workers, on the hazards specific to that workplace – before they start working. Had Bacardi done so, this tragic loss of life could have been prevented.”

The California Occupational Safety and Health Administration (OSHA) issued a stop work order for all outdoor operations in South Valley at Etchegaray Farms. This decision results from a possible heat-related death in mid-July. Juan Ochoa collapsed while working in a field with no shade in 110 degree heat.This accident happened after two other potential heat-related employee deaths in California the same week, one in Coalinga and the other in Yuba City. OSHA shut down the farm due to imminent hazards, and the employer failed to follow standard heat illness prevention regulations. The regulations Include: providing access to shade, following high heat procedures, and training employees on emergency procedures. OSHA states that the shutdown will remain in place until the employer proves that the hazards no longer exist.

An OSHA spokesperson said, “There has to be training of supervisory and also other employees before anyone starts work in order to make sure that everyone knows how to recognize signs and symptoms of heat illness, what the emergency services are, that they’re in place, they know how to contact medical services…” 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. Cited Sources: OSHA shuts down farm in South Valley, CBS47, July 10, 2013 Cal-OSHA Shuts Down Valley Farm Following Farm Worker’s Death, KSEE24NEWS, July 9, 2013

Over 2,000 former NFL players sued the league on Thursday claiming that it deliberately and fraudulently concealed the risk of brain injury from players. The complaint joined more than eighty lawsuits that were previously filed by former players.The suit seeks unspecified financial compensation for fraud, misrepresentation and negligence against the NFL. The lawsuit remains open so that other players may still join. It also names Riddell Inc., the official NFL helmet maker, as a defendant and affiliated companies including Riddell’s parent corporation, Easton-Bell Sports Inc.

The filed complaint said, “The NFL and its agents continued to market, as it had in the past, the ferocity and brutality of the sport that, in part, gives rise to the latent and debilitating neurocognitive conditions and injuries from which plaintiffs suffer.”

The NFL formed its own Mild Traumatic Brain Injury Committee in 1994 to study the impact of concussions and sub-concussive injuries on players, but the league failed to inform players of the risks.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Ardagh Glass, Inc. for one willful and one serious violation after an employee suffered a finger amputation and crushed hand while removing a glass mold from a bottle-making machine. The proposed penalties for these citations total $77,000.The willful violation involves failing to implement lockout procedures on machines when workers are performing service and setup operations on equipment. OSHA defines a willful violation as “one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.”

The serious violation involves failing to guarantee that employees that operate equipment were protected to prevent contact with moving parts and molten glass. OSHA defines a serious violation as one that 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.”

An OSHA area director said, “The employer was fully aware that workers reached into the moving machine while they serviced the glass molds, yet nothing was done to protect workers from serious injury. It is the employer’s responsibility to ensure that proper safety procedures are understood and followed at all times.”

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited R.E. General Contractor LLC for repeat and serious violations while workers replaced a roof. The contractor faces a total of $49,600 in fines.The company faces two repeat violations for exposing workers to fall hazards of almost 50 feet without fall protection, as well as using an extension ladder that did not extend at least three feet above the upper landing surface. OSHA cited this company with similar violations in 2008, 2010, and 2011. The repeat violations carry a fine of $46,800.

One serious violation was cited for failing to provide workers with hard hats while working near a material boom lift. The serious violation carries a fine of $2,800.

The OSHA area director stated, “OSHA will not tolerate this company’s continuous disregard for adequate fall protection. Employers have a responsibility to ensure that workers exposed to fall hazards are provided with the proper fall protection equipment, are trained in its use and wear it whenever a fall hazard is present.”

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Regency Technologies for eleven health and safety violations. The eleven violations carry a proposed fine of $66,000.Nine of the eleven violations involve exposing workers to cadmium, which is a metal found in televisions and other electronics, at the company’s recycling facility. The OSHA area director said, “Regency Technologies has a responsibility to protect workers from unique hazards found in its facility, such as cadmium, and to conduct the proper exposure and medical monitoring necessary to ensure that permissible exposure levels are not exceeded. Exposure to cadmium can cause adverse health effects on the kidneys, lungs and bones.”

Eight serious citations involve violations for exposure to cadmium, including overexposure, contamination, lack of protective equipment, training, medical surveillance, and regulated areas and changing rooms for cadmium exposure.

Also, two serious health violations were cited for failing to train workers in bloodborne pathogen regulations and lack of hepatitis B vaccinations for exposure. One other-than-serious violation was cited for failing to post warning signs regarding cadmium areas.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Site Maintenance Inc. with 8 willful, repeat and serious violations. The eight violations carry a proposed fine of $73,920.OSHA witnessed the company failing to provide employees who worked on roofs with fall protection on two separate occasions. The failure to ensure the use of fall protection on a pitched roof was the willful violation the company was cited for.

The OSHA area director said, “Falls remain the leading cause of death in the construction industry. Not providing fall protection to workers assigned to work on steep-pitch roofs is inexcusable. The roofing industry is well aware of the safety requirements necessary to protect their workers. The company’s repeat violations show a profound lack of commitment to worker safety and health.”

The three repeat violations included failing to provide fall protection for workers at a second job site, and two incidents of failing to ensure the use of head protection. The same violations were previously cited in 2008.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Ford Motor Company’s Buffalo plant for an asbestos violation, as well as seven other serious violations. The eight violations carry a proposed fine of $41,800.One citation was for a pipefitter’s exposure to asbestos while working on a steam line. Another citation was for workers not wearing proper respiratory protection while exposed to asbestos, and that the company did not properly monitor the work areas for asbestos.

A serious violation is one in which there is “a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”

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.
Contact Information