Work-Accident -Compensation Accident Claim Work: United States Department of Labor

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Jumat, 20 Januari 2012

$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...

US Department of Labor's OSHA orders AirTran Airways to reinstate

pilot, pay more than $1 million in back wages and damages

OSHA found airline violated whistleblower protection provision of AIR21

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA's Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels. "Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways."

The pilot's complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot's mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot's employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

"Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers," added Michaels. "Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights."

Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.

Kamis, 19 Januari 2012

NJ Supreme Court Rules That Only a Physician Can Perform An EMG

Only a licensed physician, and not a physicians assistant, can perform an EMG, ruled the NJ Supreme Court.

Click here to read the complete decision: Selective Insurance Company of American v Arthur C Rothman MD
".... the Legislature intended that only certain licensed physicians, specifically those persons "licensed to practice medicine and surgery pursuant to chapter 9 of Title 45[,]" would be permitted to perform needle EMG tests. As we have explained, physician assistants are not "licensed to practice medicine and surgery" because they do not have the qualifications for such a license."

Selasa, 17 Januari 2012

OSHA Urges An Injury & Illness Prevention Programs

The US Occupational Safety and Health Administration has published a white paper urging that States implement injury and illness prevention programs. Citing statistics of the consequences of industrial accidents and injuries, as well as the benefits of the implementation of a program, OSHA recommends the implementation of a programs.

Click here to read the OSHA White Paper on Injury & Illness Prevention Programs

Conclusions

Despite the combined efforts of employers, workers, unions, safety professionals and regulators, more than 4,500 workers lose their lives and more than four million are seriously injured each year. Tens of thousands more die or are incapacitated because of occupational illnesses including many types of cancer and lung disease. The human toll from this loss is incalculable and the economic toll is enormous.
Many employers in the U.S. have been slow to adopt a workplace "safety culture" that emphasizes planning and carrying out work in the safest way possible.
Injury and illness prevention programs are based on proven managerial concepts that have been widely used in industry to bring about improvements in quality, environment and safety, and health performance. Effective injury and illness prevention programs emphasize top-level ownership of the program, participation by employees, and a "find and fix" approach to workplace hazards.
Injury and illness prevention programs need not be resource-intensive and can be adapted to meet the needs of any size organization.

OSHA believes that adoption of injury and illness prevention programs based on simple, sound, proven principles will help millions of U.S. businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including significant reductions in workers' compensation premiums) and enhance their overall business operations.

Jumat, 13 Januari 2012

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers of 17 Facilities of Eligibility

US Department of Labor notifies workers of 17 facilities associated with Uranium Mill Tailings Radiation Control Act about potential eligibility under EEOICPA

The U.S. Department of Labor is notifying former workers of 17 facilities associated with the Uranium Mill Tailings Radiation Control Act about compensation and medical benefits potentially available to them under the Energy Employees Occupational Illness Compensation Program Act, which is administered by the department's Division of Energy Employees Occupational Illness Compensation. Survivors of qualified workers also may be entitled to benefits.

Former employees may be eligible if they worked at any of the facilities during a period of covered U.S. Department of Energy-funded environmental remediation efforts. Additionally, three facilities already covered under the EEOICPA now have expanded periods of eligibility.

On Dec. 15, 2010, DEEOIC determined that the Uranium Mill at Shiprock, N.M., was a covered DOE facility for the purposes of the EEOICPA. Given that Uranium Mill at Shiprock was only one of the facilities associated with the Uranium Mill Tailings Radiation Control Act, DEEOIC conducted a review considering whether additional facilities met the statutory definition of a covered DOE facility under the EEOICPA. Based on that review, DEEOIC determined that the above-mentioned facilities meet the definition.

On July 31, 2001, the Labor Department began administering Part B of the EEOICPA. Part B covers current and former workers who have been diagnosed with cancer, beryllium disease or silicosis, and whose illness was caused by exposure to radiation, beryllium or silica while working directly for DOE, that department's contractors or subcontractors, a designated Atomic Weapons Employer or a beryllium vendor. Part E, created by an amendment to the EEOICPA on Oct. 28, 2004, provides federal compensation and medical benefits to DOE contractors and subcontractors who worked at covered facilities and sustained an illness as a result of exposure to toxic substances.

The EEOICPA also provides additional compensation for uranium workers who worked at facilities covered by the Radiation Exposure Compensation Act, which is administered by the U.S. Department of Justice. To assist individuals regardless of where they live, the department has 11 stationary resource centers located throughout the country. These resource centers provide an initial point-of-contact for individuals interested in filing a claim under EEOICPA, and staff provide both in-person and telephone-based assistance. For additional information about how to file a claim under EEOICPA, call toll-free at 866-888-3322 or visit the DEEOIC's website at http://www.dol.gov/owcp/energy/.

Editor's note: A list of the 17 facilities and the periods of covered DOE-funded environmental remediation efforts follows this release. Facilities with an expanded eligibility period are indicated by an asterisk.

Facilities associated with the Uranium Mill Tailings Radiation Control Act

Uranium Mill in Monument Valley, Ariz., from May 1989 through February 1990 and September 1992 through May 1994
Uranium Mill in Tuba City, Ariz., from January 1985 through February 1986 and January 1988 through April 1990
Climax Uranium Mill in Grand Junction, Colo., from December 1988 through August 1994
Uranium Mill in Gunnison, Colo., September 1991 through December 1995
Uranium Mill in Maybell, Colo., from May 1995 through September 1998
Uranium Mill in Naturita, Colo., May 1994 through November 1994 and June 1996 through September 1998
New Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Old Uranium Mill in Rifle, Colo., September 1988 through September 1989 and April 1992 through October 1996
Uranium Mill No. 1 in Slick Rock (East), Colo., in 1995 and 1996
Uranium Mill No. 2 in Slick Rock (West), Colo., in 1995 and 1996
Uranium Mill in Lowman, Idaho, in 1992 and from 1994 to the present
Uranium Mill in Ambrosia Lake, N.M., from July 1987 through April 1989 and October 1992 through July 1995
Uranium Mill and Disposal Cell in Lakeview, Ore., from 1986 through 1989
Uranium Mill in Falls City, Texas, from January 1992 through June 1994
Uranium Mill in Mexican Hat, Utah, from July 1987 through October 1987 and September 1992 through February 1995
Uranium Mill in Riverton, Wyo., from May 1988 through September 1990
Uranium Mill in Converse County (Spook Site), Wyo., from April 1989 through September 1989
*Uranium Mill in Durango, Colo., already covered for 1948 through 1953, now also is covered for October 1986 through May 1991
*Vitro Manufacturing in Canonsburg, Pa., already covered as a beryllium vendor facility for 1948, and as an Atomic Weapons Employer facility for 1942 through 1959 (with residual radiation coverage for 1958 through 1985), now also is covered for 1983 through 1985 and for 1996
*Uranium Mill in Monticello, Utah, already covered for 1948 through 1960, now also is covered for remediation performed by DOE and DOE contractors under the Comprehensive Environmental Response, Compensation and Liability Act for 1983 through 2000

*Additional years of qualifying employment have been added to these three facilities currently covered under the EEOICPA.

Senin, 09 Januari 2012

Hostess Fined $105,000

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Interstate Brands, doing business as Hostess Brands, for eight serious and two repeat alleged violations of workplace safety standards at its Biddeford production plant. The company, which manufactures Hostess products, faces a total of $104,700 in proposed fines following a safety inspection by OSHA's Augusta Area Office.

"Our inspection identified mechanical, electrical, fall and exit hazards, including some similar to those cited at other Interstate Brands facilities," said William Coffin, OSHA's area director for Maine. "Left uncorrected, these violations expose workers to the hazards of electrocution, lacerations, amputation, falls, being caught in operating or unexpectedly activated machinery and being unable to exit the workplace swiftly in the event of a fire or other emergency."

OSHA's inspection found an absence of guardrails to prevent workers from falling into and through hoppers; a locked emergency exit door and an exit route blocked by product racks; unguarded moving machine parts on a conveyor belt, band saw blade, drill press and other equipment; undocumented procedures to prevent the unintended activation of machinery during maintenance; and individuals working on live electrical equipment who were not familiar with the protective equipment needed for such work. These serious violations resulted in citations carrying $42,200 in fines. 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.

The recurring violations involve failing to guard chains and sprockets on a cake alignment conveyor and a packaging machine feeder, and provide personal protective equipment to safeguard employees against electrical shocks, arc flashes and arc blasts while working with live electrical parts. The citations carry $62,500 in fines. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited International Brands in 2010 for similar hazards at plants in Columbus, Ga., and Schiller Park, Ill.

The citations can be viewed at http://www.osha.gov/ooc/citations/InterstateBrands_315672352_1222_11.pdf.*

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Jumat, 09 Desember 2011

NJ Public Employee Pensions Headed for Major Changes

S3123 Replaces TPAF, PERS, PFRS and SPRS accidental disability benefits with reduced work-related disability benefit; modifies JRS disability benefit.

12/1/2011 Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
12/9/2011 Reviewed by the Pension and Health Benefits Commission Recommend to enact with changes:

The Commission supports enactment of the bill with suggested modifications: 1) an increase in the work-related disability benefit of 40% should be considered for the most traumatic injuries that result in total disability; 2) a description of the level of medical coverage available in each system would be beneficial; 3) a monitoring of a potential shift to Workers Compensation awards would help identify any unintended costs that might result, and; 4) a change from the words “mental retardation” to “intellectual disability” would appear to be consistent with P.L.2010, c.50.

Read The Pending Legislation: S-3123

"This bill replaces the accidental disability benefit available to members of the Teachers’ Pension and Annuity Fund (TPAF), the Public Employees’ Retirement System (PERS), the Police and Firemen’s Retirement System (PFRS) and the State Police Retirement System (SPRS) with a new work-related disability benefit that is the same as the TPAF, PERS, PFRS and SPRS ordinary disability benefit of 1½% of compensation for each year of service but no less than 40% of compensation.

"In order to qualify for a work-related disability benefit, the member must receive a workers’ compensation award of permanent disability. The requirement for a medical examination may be waived when the Division of Workers’ Compensation in the Department of Labor and Workforce Development has determined that the member is 100% totally and permanently disabled.

Jumat, 25 November 2011

OSHA fines Paterson, NJ, company $126,000 for failing to guard machines and exposing workers to fall and electrical hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Supply Plus NJ Inc. of Paterson, NJ, with one willful, 25 serious and two other-than-serious safety violations in response to a complaint alleging imminent danger for failing to guard machines and exposing workers to fall and electrical hazards at the company's Paterson facility. Proposed penalties total $126,000.

A May inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. 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.

The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program. 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.

The other-than-serious violations, which carry no penalty, are due to record-keeping violations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."

The citations can be viewed at http://www.osha.gov/ooc/citations/SupplyPlusNJInc._314678012_and_314678376_1117_11.pdf*.

Supply Plus, a sponge processing company employing about 40 workers at its Paterson location, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Hasbrouck Heights office at 201-288-1700.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Jumat, 21 Oktober 2011

Deadly Delay: The Chemical Industry's Game Play

The Toxic Substances Control Act (TSCA) is in desperate need of reform. Its weaknesses have allowed chemical companies to exploit the act by thwarting the EPA's attempts to finalize health assessments and delaying regulation of chemicals -- sometimes for decades. The chemical industry's roadblocks often follow predictable patterns:

Attack early drafts of health assessments
Force new reviews
Hold workshops populated with industry-funded panelists
Introduce new industry-funded studies when assessments are close to final
Force more reviews
Enlist elected officials to assist with political interference
Attack new assessment drafts

Using these tactics, the chemical industry has effectively prevented the EPA from achieving its mission to protect human health.

This report details how the U.S. legal system and TSCA itself have helped the chemical industry to be effective in its efforts to delay regulations. Congress needs to reform TSCA to make it a more effective regulatory tool. The chemical industry should not be able to endlessly postpone regulatory decisions while profiting from unregulated chemical sales until all scientific controversies and uncertainties, large and small, have been eliminated. With good public policy, the EPA should be empowered to make the best decisions it can on a timely basis using existing information, and apply new science to update its evaluations as it becomes available.

Full Report: The Chemical Industry Delay Game : How the Chemical Industry Ducks Regulation of the Most Toxic Substances. By Jennifer Sass. October 2011

Selasa, 13 September 2011

Acetone Explosion Results in $917,000 OSHA Fine for Bostik Inc.

US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company's Middleton plant in which four workers were injured. The adhesives manufacturer faces a total of $917,000 in proposed fines.

OSHA's inspection identified several serious deficiencies in the company's process safety management program, a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment that involve large amounts of hazardous chemicals. In this case, the chemical was acetone, used in a PSM-covered process known as direct solvation. On the day of the explosion, a valve on a transfer line inadvertently was left open, resulting in the release of flammable acetone vapors. The vapors exploded after being ignited by an undetermined source.

"The requirements of OSHA's PSM standard are stringent and comprehensive because the stakes are so high," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion."

"In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions," said Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts. "Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

Specifically, OSHA found that the process safety information for the solvation process was incomplete. The employer's analysis of hazards related to the process did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as a light fixture, switches and a motor, were approved for use in Class 1 hazardous locations where flammable gases or vapors are present.

As a result, OSHA has issued Bostik nine willful citations, with $630,000 in proposed fines, for these conditions. 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.

Bostik Inc. also has been issued 41 serious citations, with $287,000 in fines, for a range of other conditions, including an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access and electrical hazards, and additional PSM deficiencies. 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.

The Bostik Inc. citations are available at http://www.osha.gov/ooc/citations/Bostik_Inc_315298281.pdf andhttp://www.osha.gov/ooc/citations/Bostik_Inc_315298307.pdf.

Detailed information on process safety management is available athttp://www.osha.gov/SLTC/processsafetymanagement/index.html and http://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=166.

Bostik Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Andover Area Office; telephone 978-837-4460.

To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Sabtu, 30 Juli 2011

FECA Maybe Getting a Tuneup After 40 Years

A recent Congressional hearing concerning the Federal workers' Compensation program for injured workers reveals insight into the dramatic problems facing the nation's benefit program. The program has not had any major revisions in the last 40 years.

Senator Daniel K. Akaka remarked:

"One of FECA’s core principles is that workers and their families should be no better or worse off than they would have been if the worker had not been injured."

Member Statements
Senator Daniel K. Akaka [view statement]

Witnesses
Panel 1
The Honorable Christine M. Griffin [view testimony]
Deputy Director
U.S. Office of Personnel Management

Mr. Gary Steinberg [view testimony]
Acting Director, Office of Workers’ Compensation Programs
U.S. Department of Labor

Panel 2

Mr. Andrew Sherrill [view testimony]
Director, Education, Workforce, and Income Security
U.S. Government Accountability Office

Mr. Joseph Beaudoin [view testimony]
President
National Active and Retired Federal Employees Association

Mr. Ronald Watson [view testimony]

Consultant
National Association of Letter Carriers, AFL-CIO

Dr. Gregory Krohm [view testimony]
Executive Director
International Association of Industrial Accident Boards and Commissions

Rabu, 29 Juni 2011

New Rules to Govern Federal Employees Compensation Act

The US Labor Department has announced new rules updating procedures for Federal Workers’ Compensation Act claims. These rules mark the first major regulation updates since 1999.

The U.S. Department of Labor's Office of Workers' Compensation Programs today published a final rule that revises and modernizes the procedures used in administering claims under the Federal Employees' Compensation Act. They were published in the June 28 Federal Register. The Rules modernize procedures to increase fairness and efficiency, updates the regulations to account for recent statutory changes and incorporates advances in technology that preserve administrative resources.

"This is the first substantial change to the FECA regulations since 1999," said OWCP acting Director Gary Steinberg. "The new regulations take advantage of technological and other changes that will improve the fairness and efficiency of the claims process."The rule also clarifies a number of current practices. Updates include acknowledging reorganization within the department and incorporating statutory changes, such as the new FECA death gratuity benefit. Changes also have been made to existing policies to improve the benefit program and lessen burdens on claimants. Additionally, the rule adds the skin as a covered organ retroactive to Sept. 11, 2001, under the act's schedule award provision, providing up to 205 weeks of compensation for burns, cancers and other medical conditions that impair the skin's function. The administrative and procedural changes include requiring employing agencies to file claims electronically by the end of 2012 and allowing for the use of video and teleconferences in hearings, as well as changes to the medical approval and procurement procedures.

The final rule can be viewed here.http://www.dol.gov/owcp/dfec/regs/compliance/FECAFinalRule-pub6-28-2011.pdf

The Office of Workers' Compensation Programs administers several disability benefit programs that cover federal workers, nuclear weapons workers, coal miners, longshore and harbor workers, and civilian contractors of the federal government who work overseas. These programs provide a variety of medical benefits, as well as wage replacement, vocational rehabilitation and other services. Benefits also may be paid to eligible dependents or survivors. For more information, visit http://www.dol.gov/owcp/.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Jumat, 13 Mei 2011

Court Orders Workers Compensation Insurance Carrier to Comply With OSHA Subpoena

The workers’ compensation insurance company, who provided coverage to an employer where a double fatality occurred when a grain elevator exploded, has been order by a US Federal Court Judge, to comply with a subpoena issued by The Occupational Safety and Health Administration [OSHA] directed to obtain information about the safety of the facility. The opinion entered by Judge Philip G. Reinhard, adopts the report and recommendation of the magistrate judge, requires that custodian of records of the workers’ compensation insurance company testify and present documents concerning inspections and reports it prepared as to the employer, Haasbach LLC.

The Court reasoned that OSHA had the authority under Federal law to conduct inspections and investigation including requesting attendance and testimony of witnesses. 29 U.S.C. 657(b). The Court also held that OSHA’s request for loss control reports for 4 years prior to the accident were reasonably related to the investigation. The workers’ compensation insurance company will also be required to produce: site safety inspections, applications for insurance coverage for the site, and correspondence between the insurance carrier, Grinnell Mutual Reinsurance Co., and the the employer, Hassbach, concerning the site.

OSHA had issued 25 citations ($555,000 penalty) to the Illinois grain elevator operator, Haasbach LLC, following an investigation into the deaths of two young workers, Wyatt Whitebread and Alex Pacas (ages 14 and 19 years old, respectively), at the company’s grain elevator in Mount Carroll, Illinois. A third worker was injured at the time of the accident, when they were “walking down the corn” to make it flow while while machinery used for evacuating the grain was running.

“Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “There is absolutely no excuse for any worker to be killed in this type of incident.”

OSHA Assistant Secretary Dr. David Michaels praised the decision. “The court affirmed OSHA’s authority to obtain relevant information from an employer’s workers’ compensation insurance company. This is not surprising legally, but it does illustrate that workers’ compensation and OSHA are not separate worlds divorced from each other,” he said. “Workers’ compensation loss control activities overlap with OSHA’s efforts to bring about safe and healthful workplaces, and in order to achieve a safe and healthful working environment for all Americans, all efforts of business, insurance, labor and government must move forward together.”

Judge Reinhard held that disclosure of the information into the public domain was permissible unless a federally recognized attorney-client privilege existed due to a pending state court action. If such a privilege was to be asserted as to certain materials that would be required to be produced, then the parties may submit a privilege log to the magistrate judge for consideration.

Solis v. Grinnell Mut. Reinsurance Co., 2011 WL 1642534 (N.D. Ill) Decided May 2, 2011
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Kamis, 21 April 2011

OSHA Anniversary April 21, 2011 10:00am C-Span Event

A picture of David Michaels, Assistant Secreta...

Image via Wikipedia

Featured speaker: David Michaels, Assistant Secretary of Labor for Occupational Safety and Health Introduction by:: John Podesta, President and CEO, Center for American Progress Featured panelists: Cathy Stoddart, Staff Nurse, Allegheny General Hospital, Pittsburgh, Pennsylvania, SEIU Mike Weibel, United Steelworkers/Goodyear Safety and Health Coordinator, Goodyear Tire and Rubber, Topeka, Kansas Peg Seminario, Director of Safety and Health, AFL-CIO Joseph Van Houten, Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson David Weil, Professor of Economics, Boston University School of Management Moderated by: Reece Rushing, Director of Government Reform, Center for American Progress.

Source C-Span

Rabu, 13 April 2011

Workplace Health and Safety - A Step Backwards

Guest Blog by Jon Rehm

The recent agreement on the Federal budget includes $49 million in cuts to worker safety and health programs at the the Department of Labor. These cuts were not as drastic as the $99 million that House Republicans had proposed cutting from OSHA alone. However even with the compromise, less money will be spent on workplace safety and health by the federal government this next fiscal year than was spent this past fiscal year. The need for improvements in workplace safety are pressing. According to the Bureau of Labor Statistics there were 965,000 injuries that caused employees to miss work in 2009. There were also 4,340 employees killed at work in 2009.

Workplace safety and health took a step backward as a result of the recent budget agreement. True things could have been worse, but that is no comfort when we should be doing better in regards to workplace safety and health.

Jon Rehm practices in Lincoln, Nebraska (Rehm, Bennett & Moore, PC, LLO). He concentrates his practice on representing injured workers and their families. He hold a degree in journalism from Northwestern University(B.S.) and a law degree from Nebraska College of Law(J.D.). Jon is a member of the Nebraska State Bar Association, the Nebraska Association of Trial Attorneys and the Workplace Injury Law Advocacy Group.

Rabu, 23 Maret 2011

OSHA Advances Recording of Musculoskeletal Disorders

The U.S. Department of Labor's Occupational Safety and Health Administration, in partnership with the Small Business Administration's Office of Advocacy, today announced a series of three teleconferences to reach out to the small business community for input on OSHA's proposal to add a column for work-related musculoskeletal disorders on employer injury and illness logs. This proposal would require those employers already mandated to keep injury and illness records to add the step of checking a column when recording work-related musculoskeletal disorders.

Small businesses from around the country are encouraged to participate in the teleconferences. The first will be held on Monday, April 11 at 1:30 p.m. EDT. The second and third will be held Tuesday, April 12, 2011, at 9 a.m. EDT and 1:30 p.m. EDT. Participants may provide input about their experiences in recording work-related MSDs and how they believe the proposed rule would impact them.

The proposed rule only covers MSDs that employers are already required to record under the longstanding OSHA rule on recordkeeping. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included hearing loss and many kinds of MSDs. In 2001, OSHA proposed separating hearing loss and MSDs into two columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA's proposal would restore the MSD column to the Form 300.

Interested businesses that wish to participate in one of the teleconferences should contact Regina Powers at powers.regina@dol.gov by April 4, and indicate the teleconference in which they wish to participate. For more information, contact Robert Burt, director of OSHA's Office of Regulatory Analysis, at 202-693-1952 or Bruce Lundegren, assistant chief counsel for SBA Advocacy, at 202-205-6144.

Additional information is available online at http://www.osha.gov/recordkeeping/MSD_Column_Meeting_General_Info.html.