labor lawAdivision of labor law center

The EBSA is conducting a free seminar for Massachusetts employers that could save employers thousands of dollars in penalties and taxes.

Employers that violate regulations of the Employee Retirement Income Security Act or ERISA must face appropriate consequences such as excise taxes, and often IRS penalties.

To avoid these consequences, employers can follow the criteria and procedures of the Voluntary Fiduciary Correction Program or VFCP. This program permits businesses to correct violations of the ERISA, voluntarily, and avoid prosecution. VFCP applies to employers, officials, benefit plan sponsors and parties in interest.

The VFCP program was updated and simplified in 2006, making it easier for employers to use.

The free Boston-area workshop will be held in Conference Room E-275B at the JFK Federal Building, 15 New Sudbury Street in Boston.

There are two half-day sessions that will cover the same material – employers need attend only one. The morning session runs from 9:30 am to noon. The afternoon session runs from 1:30 pm to 4 pm.

Enrollment is limited, so registration is required. Employers can use this simple online form to register, or RSVP kitoski.christopher@dol.gov.

Any company that might be responsible for ERISA violations of a fiduciary nature may be eligible to use VFCP.

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The forklift. It seems to be in every workplace. There are about 1.5 million forklift drivers in the U.S. alone. Sometimes it’s called the Powered Industrial Truck, or PIT. Sometimes it’s just called a fork truck. But whatever its name, it is one of the commonest causes of workplace injury and death.

While it looks simple to operate, it’s not. It requires training to handle loads that can become unstable.

The Massachusetts worker safety office  is encouraging training to cut the number of accidents caused by forklifts. There are a whole series of requirements surrounding the training and retraining process.

There is a rigorous set of worker safety standards for retraining alone. For example, if an operator is in an accident, retraining is required. Even if he or she experiences a “near miss,” retraining must follow. If the driver is spotted operating the device unsafely, that too requires retraining. And to be doubly sure, periodic retraining and re-evaluation is necessary.

Those OSHA standards apply a set of general rules to training. The operator’s previous knowledge and skill are taken into account, but also his or her demonstrated, or visible, driving skill. Also a factor is the type of forklift being used. And finally, other hazards in the workplace must be taken into account.

There is a regulation applying to the use of attachments, which may change the weight and balance of a load. Any time an attachment or extension is added, the “tags” or “plates” of a forklift must be changed. These tags or plates define the capacity of the truck and outline maintenance instructions. What’s more, before any modification can be made, the manufacturer must give permission in writing.

The attachments include cylinder caddies, drum rotators, drum grippers, rug rams, drum carriers, and hoppers.

There are also suggestions for operation. A light load that is too far forward, near the tips of the forks, will be unstable. When the steering feels light, the truck is also unstable. Adding weight to the back will only increase that instability.

Alarming statistics on the use of ATVs have highlighted a Massachusetts OSHA Alert.

In 1982, there were just 29 deaths from the use of ATVs. In 2004, this number rose to 470, according to the Consumer Product Safety Commission report issued recently. Over 800,000 injuries relating to ATVs have been reported over the last 10 years.

Although these statistics relate to recreational use of ATVs, it is worth bearing them in mind as more and more employers have started using them for work purposes. However, death or serious injury can occur if employees are not trained to use ATVs, and there are no safety precautions in place, a recent Massachusetts OSHA alert reports.

These All-Terrain Vehicles are often used by employers in industry. As they are able to move quickly over all terrains, it is possible to transport cargo or work instruments easily and quickly.

According to the OSHA, many accidents occur because employers make modifications to the vehicle. ATVs are not designed to carry large amounts of cargo, and as such, can become unstable as the weight distribution is disturbed. This is increased if the ATV is driven uphill or over rough terrain.

A recent tragic event highlights the dangers of ATVs when they are not used correctly.

An employee was killed when she was driving an ATV that had been modified to fit a sprayer on the rear cargo rack. The worker was driving uphill, while spraying herbicide over weeds, when the front wheels came off the ground. The worker tried shifting her weight in an effort to stabilize the vehicle, but to no avail and the ATV turned over. The worker tried to jump clear, but did not get clear in time, and she was crushed. Her injuries resulted in her death.

As more and more ATVs are being used in industry and other work areas, often with little or no training for the employees expected to drive them, how long before the statistics for industry related ATV use, catch up with those for recreational use.