Archive for April, 2021

OSHA cuts down on inspections during COVID crisis

Working wearing a disposable face mask

Amid the COVID pandemic, OSHA significantly reduced the number of workplace safety inspections it performed – a move that likely contributed to thousands of infections and more than 150 worker deaths, according to a new analysis.

In 2020, the Occupational Safety and Health Administration (OSHA) investigated 12% of the worker complaints it received, according to The Wall Street Journal. Meanwhile, the agency investigated 32% of cases the prior year.

Less oversight put workers at risk

Right now, it’s particularly important for employees to watch out for their own on-the-job health and welfare because fewer safety inspections are being done. The Wall Street Journal’s investigation into OSHA’s pandemic response revealed serious shortcomings.

In a review of 5 states and federal nursing home statistics, the WSJ found 6,000 workers who had been infected by the coronavirus after filing a complaint with OSHA.

They also found that 180 employees died of COVID-19 within four weeks of a complaint being filed with the agency.

This begs the question: If OSHA had been better at enforcing standards to protect workers from being infected with the virus in the workplace, could any of these illnesses or deaths have been prevented?

Work-related infections

At least 180 people died after a COVID-related workplace complaint was filed. The WSJ article notes the deaths occurred at least four weeks after OSHA agencies received complaints and OSHA’s investigation didn’t go beyond corresponding with employers.

James Frederick, the acting head of OSHA, has since said that the agency is working with the Inspector General’s Office to improve how workers are protected from COVID-19 exposure. He also noted that OSHA has fewer inspectors now than it did in 2020 when there were about 940 of them. Now, OSHA only has about 890.

Protect your health, and your rights

When employers fail to provide their workers with a safe environment, the consequences can be severe. The resulting injuries or illnesses often qualify for a workers’ compensation or wrongful death claim.

The pandemic has exposed weaknesses in OSHA’s ability to protect employees from workplace hazards.

People who are injured or become ill due to their work environments often feel like they have nowhere to turn for help. Filing a complaint against your employer – the source of your income – can seem like too much of a risk.

Pursuing workers’ compensation benefits can also prove to be a tall task, as claims involving COVID-19 are often hard to prove and highly contested.

If you or a loved one has been injured in a workplace accident or developed a work-related illness, an attorney can explain your legal rights and help you explore your options.

For more than 35 years, the Law Office of Deborah G. Kohl has fought for and protected the rights of injured workers. See what our law firm can do for you and contact us today for a free case evaluation. Our offices are located in Fall River and Foxborough, Massachusetts, as well as Providence, Rhode Island.

Analyzing OSHA’s top 10 violations of 2020

An injured construction worker holding his arm

The biggest risk to worker safety hasn’t changed in 10 years

For the 10th year in a row, fall protection is the top violation cited by the National Safety Council and the Occupational Safety and Health Administration (OSHA).

The NSC and OSHA recently released the annual list of top 10 violations OSHA inspectors detected for the year. These are the kind of violations that can lead to an accident and ultimately a workers’ compensation claim. As is the case in most years, the top 10 violations haven’t changed much, though their ranks on the list may have switched.

One thing that hasn’t changed, however, is how poorly some employers protect their workers from being seriously injured by falls. Nationwide, OSHA issued more than 5,400 citations to employers who failed to meet general fall prevention requirements in 2020.

Let’s take a look at the rest of the list…

Top 10 workplace safety violations

While failure to meet fall protection general requirements was the violation most cited, OSHA also discovered thousands of other violations in 2020, according to preliminary data.

The remainder of the top 10 most cited violations by OSHA are:

  • Hazard communication – 3,199 violations
  • Respiratory protection – 2,649
  • Scaffolding – 2,538
  • Ladders – 2,129
  • Lockout/tagout – 2,065
  • Powered industrial trucks – 1,932
  • Fall protection – training requirements – 1,621
  • Personal protective and life-saving equipment – Eye and face protection – 1,369
  • Machine guarding – 1,313

According to OSHA, in 2020, there were significantly more violations concerning ladders and respiratory protection than in the previous year.

An unsafe workplace can result in serious injury

OSHA violations can result in a wide range of workplace injuries, including injuries to the back and neck, repetitive stress injuries, carpal tunnel syndrome, heart attacks, toxic exposure, burns, electrocution, traumatic brain injuries, amputation, spinal cord damage, loss of hearing or sight, and longshoreman-type injuries.

Workplace OSHA violations are not to be taken lightly by employers or employees, as highlighted by one recent case.

In Massachusetts, a tax preparation business was recently fined more than $136,000 and cited for allegedly refusing to provide and practice COVID-19 safeguards for employees. OSHA claims the Lynn-based business owner refused to let her customers or employees wear face masks to prevent disease transmission, among other violations.

When you’re hurt on the job, hire a workers’ comp lawyer

Rarely do accident victims have a second opportunity to get the compensation they need to reclaim their livelihoods after being hurt at work. You need to get it right the first time.

At the Law Offices of Deborah G. Kohl, we proudly represent Massachusetts and Rhode Island workers who need help navigating the confusing workers’ compensation system and securing the benefits they’re entitled to.

Find out how we can help you and let us review the details of your case. We have offices conveniently located in Fall River and Foxborough, Massachusetts, as well as Providence, Rhode Island.

Contact us today for a free consultation.