Articles Posted in Workers’ Compensation

The fines stem from a trench accident that killed two workers on October 21, 2016 in Boston, MA.

Atlantic Drain Service Co. employees Robert Higgins and Kelvin Mattocks were killed while working in a 12-foot-deep trench that collapsed and broke a fire hydrant supply line. The trench then filled with water within seconds.

OSHA investigation concluded that Atlantic Drain Service Co. did not provide basic trench safeguards against collapse and did not train the employees to recognize hazardous conditions.

Falls at construction sites continue to be the leading cause of death for construction workers.  Around 37% of all construction worker deaths are from falls.  OSHA’s campaign is striving to raise awareness among workers and employers nationwide about the dangers of falls from heights on ladders, scaffolds and roofs.

On May 8-12, OSHA will hold its fourth annual National Fall Prevention Stand-Down. OSHA describes the event as “an opportunity for employers to have a conversation with employees about hazards, protective methods, and the company’s safety policies and goals.  It can also be an opportunity for employees to talk to management about fall hazards they see.”  Employers are encouraged to halt work and hold a “toolbox-talk” with employees about hazards and fall prevention.

OSHA promotes a three step approach to prevent falls and save lives.  Those three steps are Plan, Provide, and Train. Employers should plan ahead to create a safe work environment.  They can do this by deciding how the job will be done, what tasks will be involved, and what safety equipment will be required to complete each task safely.  When determining what is needed to complete a job, employers should look not only at the materials needed but also the safety equipment needed to perform the task as safely as possible.  This is where the second step comes in which is to provide the right equipment.  Employers must provide fall protection and the right equipment for the job.  That includes proper ladders, scaffolds, and safety gear to protect their workers.  And the final step is to train.  It is not enough to have the proper safety equipment if it is not properly used by the worker.  Training in hazard recognition and proper use of safety equipment is essential to a safe construction site.

On March 23, the United States Senate by a vote of 50-48 adopted H.J. Res 83.  This vote overturns OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally known as the “Volks” rule (named for a case involving Volks Constructors). The U.S. House of Representatives approved the resolution by a 231-191 at the beginning of this month. Congress was given the power to adopt these resolutions under the Congressional Review Act.  Under this Act, Congress may pass a resolution to prevent a federal agency (in this case OSHA) from implementing a rule.

Employers have long been required to maintain records of work-related injuries and illnesses for a 5 year period.  Under the original rule, OSHA was allowed to issue citations to employers for failing to adhere to these recordkeeping requirements if the violation(s) occurred within a 6 month period.  The recently overturned “Volks” rule (put in place by OSHA in January 2017) extended that time period to allow citations to be issued up to five and a half years after violations allegedly occurred.

Advocates of the “Volks” rule believe that ongoing recordkeeping is an essential part of implementing safe workplace standards and strategies by referring to the records of illnesses and injuries and taking steps to correct there causes.  The critics of the rule believe it was unnecessarily burdensome on employers and is a rule that only appears to be pro-safety on its face because it merely exposes information about injuries and illnesses and does nothing for improving safety within workplaces.

The Children’s Home of Reading, a facility for children and youth in crisis, faced citations a few months ago from the Occupational Safety and Health Administration. Employees have faced a minimum of 10 cases of workplace violence, including kicks in the face, head and neck by residents. Employees were not provided the proper protective equipment for situations like these, and others.

“Employees have the right to a safe and healthful workplace, however, there are many documented reports in the past several years of employees being exposed to workplace violence at The Children’s Home of Reading,” said acting director of OSHA’s Harrisburg Area Office, Timothy Braun, in a press release. “This facility must take immediate action and institute effective protective measures to ensure that no more workers get hurt.”

The proposed fine for the findings total $23,160.

At the end of last month, the U.S. Department of Labor’s Occupational Safety and Health Administration cited a manufacturer based in St. Mary’s, Pennsylvania with “one willful and five serious violations.”

P/M National Inc. has been found guilty by OSHA after inspection for lacking machine guarding, which prevents workers from amputation injuries and other hazards. The owners at the facility confessed to failing to install these guards on newer metal presses and removing old ones.

The fines for such disregard for the safety of their employees has subjected P/M National Inc. with a $60,200 fine.