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Sabtu, 28 Januari 2012

OSHA fine metal finishing plant $51,680 after employee burned

The seal of the United States Department of LaborImage via Wikipedia
US Labor Department's OSHA cites Syracuse, NY, metal finishing plant

for repeat and serious safety violations after employee burned


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Anthony River Inc. for nine serious and three repeat violations of workplace safety standards after an employee was burned at the metal finisher's Syracuse plant.

"While it is fortunate that no life was lost here, this is a graphic example of the harm that workers and businesses can suffer when basic, common-sense and legally required safeguards are neglected," said Christopher Adams, OSHA's area director in Syracuse.

On Sept. 20, flammable vapors ignited in a storage room holding more than 800 gallons of flammable liquids, and a plant employee who tried to extinguish the fire sustained burns that were not life-threatening. OSHA's inspection identified several safety deficiencies involving the storage and dispensing of flammable liquids, including a lack of ventilation in the storage room. Additionally, the room was not constructed to meet the National Fire Protection Association's required fire-resistance rating, numerous containers of flammable liquids were open and uncovered, flammable liquids were dispensed without the nozzle and container being electrically bonded, and a lighter was allowed to be ignited in the storage room.

Other serious hazards include a lack of fire extinguisher training, blocked fire extinguisher access, ungrounded electrical equipment, unlabeled containers of hazardous chemicals, and uninspected and unrated overhead hoists and lifting devices. The serious violations carry a total of $33,000 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 repeat violations, carrying $18,680 in fines, involve hazards similar to those cited against the company by OSHA in 2010 and 2011, including the lack of an operating sprinkler system for a paint spray booth where flammable paint was used, the accumulation of combustible residue on paint spray booths and the use of an extension cord in place of fixed wiring. 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.

"Hazards can be eliminated by an effective illness and injury prevention program in which management and employees work together to identify and prevent hazardous conditions," said Robert Kulick, OSHA's New York regional administrator.

Proposed penalties total $51,680. Anthony River Inc. has 15 business days from receipt of the citations and proposed penalties to comply, meet with OSHA or contest the findings 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 Syracuse Area Office at 315-451-0808.


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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, 20 Januari 2012

$1 Million Ordered in Wages and Damages for Retailiation

English: I took this photo of an Airtran Airwa...Image via Wikipedia

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.

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

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

The seal of the United States Department of LaborImage via Wikipedia

The U.S. Department of Labor's Occupational Safety and Health Administration has cited retaining ring manufacturer Schneider & Marquard Inc. for 21 workplace safety and health violations. OSHA initiated an inspection in response to a complaint alleging several workplace hazards at the company's Newton facility. Proposed fines total $48,840.

Three repeat safety violations with $23,760 in penalties involve obstructed exit routes, lack of proper machine guarding and deficient record keeping for power press inspections. 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. The company was cited for similar violations in 2009.

Twelve serious safety and health violations with $21,120 in penalties involve failing to implement a hearing conservation program that includes noise monitoring, audiometric testing and training; properly mount and identify portable fire extinguishers; provide powered industrial truck training; implement a hazard communication program that includes training; ensure proper use and listing of electrical equipment; ensure compressed air was reduced to 30 pounds per square inch; and ensure proper functioning and maintenance of mechanical power presses. 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.

Six other-than-serious safety violations with $3,960 in penalties involve failing to record workplace injuries and illnesses on the OSHA 300 log. 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.

"These hazards should be immediately addressed to ensure a safe and healthful workplace for employees," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers responsible when they violate federal laws."

Schneider & Marquard Inc., which employs about 24 workers at its Newton site, 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.

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.


Rabu, 28 Desember 2011

OSHA cites Creamer Sanzari Joint Venture for safety hazards at Passaic River bridge project in Clifton, NJ


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Creamer Sanzari Joint Venture of Hackensack for seven alleged serious safety violations found at the Passaic River bridge project in Clifton. 
Proposed penalties total $41,580.

The work site, where the company was installing a replacement bridge as well as making major road improvements along state Route 3, was one of many area construction sites to undergo a planned inspection by OSHA due to the high-hazard nature of the industry.

The following conditions resulted in citations: Ring buoys, a lifeboat and fall protection from a walking surface were not provided for employees exposed to a fall in excess of 12 feet. High-visibility materials were not used to mark the top rails of a guardrail system made of wire rope material. Bidirectional machines were not equipped with an operational horn. All protruding steel was not protected against impalement hazards. Employees were permitted to work with machines that had a deficient lockout/tagout system to prevent unexpected start ups. 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 construction industry continues to remain one of the most dangerous, and heavy highway and bridge work entails a variety of unique hazards," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "The company needs to ensure that violations of this nature are not repeated."

Creamer Sanzari, a heavy highway and bridge construction company, 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.

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.
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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. 

Related articles

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, 11 November 2011

OSHA encourages major retailers to provide crowd management measures to protect workers during major sales events

The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging major retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. The store was not using the kind of crowd management measures recommended in OSHA's fact sheet, which is available online at http://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels. "These incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

The fact sheet provides employers with recommended elements for crowd management plans. Plans should include having trained security personnel or police officers on-site, setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store, making sure that barricades are set up so that the customers' line does not start right at the entrance of the store, having emergency procedures in place that address potential dangers, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public.

OSHA also recommends not allowing additional customers to enter the store when it reaches its maximum occupancy level and not blocking or locking exit doors.



For over 4 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.




Kamis, 03 November 2011

OSHA: Corporate Fraud Contributed To Nation's Economic Problems

The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the regulations governing whistleblower complaints filed under the Sarbanes-Oxley Act of 2002. The act protects employees of publicly traded companies and their subsidiaries, and of certain other employers, from retaliation for reporting mail fraud, wire fraud, bank fraud, securities fraud, violations of SEC rules or regulations, or violations of any provision of federal law relating to fraud against shareholders. OSHA is requesting public comment on the interim final rule.
"Fraudulent practices by publicly held corporations have contributed to the economic difficulties currently facing our nation," said OSHA Assistant Secretary Dr. David Michaels. "The best way to prevent this from happening in the future is to ensure that workers feel free to blow the whistle on corrupt corporate practices without fear of retaliation, and OSHA is committed to protecting the rights of those workers to speak out."
The whistleblower protection provisions of SOX were amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to clarify that subsidiaries of publicly traded companies are covered employers under the statute, and to add nationally recognized statistical rating organizations as covered employers. The 2010 amendments to SOX also extended the statute of limitations for filing a complaint from 90 to 180 days, among other changes. The new interim final rules implement these changes and aim to improve OSHA's procedures for handling complaints under SOX.
Among the changes to improve the complaint filing process, the revised rules will allow SOX complainants to file complaints orally and in any language, and enhance the sharing of information between parties throughout the investigation.
"The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value," said Dr. Michaels. "In a continuing effort to improve the Whistleblower Protection Program and make the filing process easier, the rules have been updated to reflect the changes required by the statute."
The interim final rule can be viewed at http://s.dol.gov/JN. Comments, which must be received by Jan. 3, 2012, may be submitted electronically via the federal e-rulemaking portal at http://www.regulations.gov, or by mail or fax. Faxed submissions, including attachments, must not exceed 10 pages and should be sent to the OSHA Docket Office at 202-693-1648. Comments submitted by mail should be addressed to the OSHA Docket Office, Docket No. OSHA-2011-0126, U.S. Department of Labor, Room N-2625, 200 Constitution Ave. NW, Washington, D.C. 20210.
OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 20 other statutes protecting employees who report reasonably perceived violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, health care reform, corporate securities, food safety and consumer financial reform regulations. Additional information is available at http://www.whistleblowers.gov.

Kamis, 20 Oktober 2011

Trench Safety a Focus of NIOSH

Working in a trench is a dangerous occupation, especially when working with old structures. NIOSH has refocussed on this concern this week and published Preventing Worker Death From Trench Cave-ins.

I was in New York City this week and watched two workers as they attempted to excavate on the street near Lincoln Center (see photo). One worker was digging shovel-by-shovel below ground as the worker above ground kept pounding the tops of large boards into the earth with the end of his shovel to act as walls to restrain the side from falling in. Pipes in NYC under the ground are old and many contain asbestos fiber. There were absolutely no pulmonary precautions being observed. 

Recently NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action. Van Dunk v. Reckson Associates Realty Corp., 415 N.J.Super. 490 (N.J.Super.A.D. Aug 30, 2010), Certification Granted by 205 N.J. 81 (N.J. Jan 27, 2011).

"Workers who dig or excavate trenches are at risk of death if they enter an unprotected trench and the walls collapse. However, hazards associated with trench work and excavation are well defined and preventable. The OSHA standard for excavation and trenching, known as 29 CFR* 1926 Subpart P, describes the precautions needed for safe excavation work."


Senin, 03 Oktober 2011

Employer Co-Op Pays OSHA Fines after 26 Industry Employee Deaths

US Labor Department's OSHA reaches settlement with Wisconsin-based Cooperative Plus to improve grain bin safety training, abate hazards Cooperative to pay $550,000 in penalties for grain violations

The U.S. Department of Labor's Occupational Safety and Health Administration has filed a settlement agreement with the Occupational Safety and Health Review Commission between the agency and Cooperative Plus Inc., after the farmer-owned Wisconsin cooperative agreed to pay $550,000 in penalties, increase employee grain bin safety training and abate all safety issues at its grain handling facilities in Whitewater, Burlington, East Troy and Genoa City.

"At least 26 workers were killed in grain entrapments nationwide last year, the highest number of any year since researchers started collecting data in 1978, but there are well-known safety practices that can be implemented to prevent these tragedies," said Mike Connors, OSHA's regional administrator in Chicago. "We are pleased to reach this agreement. The procedures and training that Cooperative Plus agreed to implement will ensure that these often deadly entrapments will not happen again."

As part of the settlement agreement, Cooperative Plus will provide site-specific training for all employees exposed to potential hazards identified by OSHA's grain handling, permit-required confined space and lockout standards. The cooperative also will schedule confined space and bin entry rescue drills semiannually, and provide 10 hours of training to newly hired and current employees whose duties expose them to potential hazards addressed by these standards.

Additionally, the cooperative will develop and implement a program to manage the risk of grain handling that includes safe methods to inspect grain and dislodge clumps of grain to empty the bin; develop lockout/tagout procedures for augers, conveyors and other equipment prior to bin entry; and develop engineering controls to abate hazards posed by bridged and castled grain. The company will audit work to ensure that all employees are properly trained in program rules and OSHA safety standards.

Finally, the company agreed to retain at least one independent safety consultant and to comply with OSHA follow-up inspections over a two-year period.

OSHA cited Cooperative Plus Inc. for a total of 14 willful, 23 serious and two other-than-serious safety violations in August 2010 for lacking proper equipment and procedures, thereby exposing workers to the risk of being engulfed and suffocated in grain storage bins.

Since 2009, OSHA has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, OSHA Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment. For a copy of the letter, visit http://www.osha.gov/asst-sec/Grain_letter.html.

Burlington-headquartered Cooperative Plus has locations throughout southeastern Wisconsin, including in Clinton, East Troy, Elkhorn, Genoa City, Union Grove and Whitewater. The company has a combined member-ownership of more than 10,000 and annual sales of more than $50 million.

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 Milwaukee Area Office at 414-297-3315.

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.


Kamis, 23 Juni 2011

OSHA Proposes New Reporting Rules for Amputations and Fatalities


OSHA's new proposed rule require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The current regulation requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees.

Additionally, OSHA is proposing to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data.

Kamis, 28 April 2011

Video of The History of US OSHA

The United States Occupational and Safety [OSHA] administration has released a video of its important accomplishments during it first 40 years of service.

"With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance."

Click here to view the video: http://tinyurl.com/3nk4pt2

Kamis, 21 Oktober 2010

Labor Secretary Solis reports a decline in workplace injuries and illnesses






The U.S. Department of Labor's Bureau of Labor Statistics today announced that nonfatal workplace injuries and illnesses among private industry employers declined in 2009 to a rate of 3.6 cases per 100 equivalent full-time workers, down from a total case rate of 3.9 in 2008. BLS also reported a decline in the total number of cases from 3.7 million in 2008 to 3.3 million in 2009. Secretary of Labor Hilda L. Solis issued the following statement:
"While the reported decline in workplace injuries and illnesses is encouraging, 3.3 million workplace injuries and illnesses are 3.3 million too many. No worker should fear being injured or made sick for a paycheck.
"Complete and accurate workplace injury records can serve as the basis for employer programs to investigate injuries and prevent future occurrences. Most employers understand this and do their best to prevent worker injuries, but some do not. That is why my department's Occupational Safety and Health Administration is aggressively working to ensure the completeness and accuracy of injury data compiled by the nation's employers. We are concerned about the widespread existence of programs that discourage workers from reporting injuries, and we will continue to issue citations and penalties to employers that intentionally under-report workplace injuries.
"Too many Americans suffer each year from preventable injuries or illnesses they received while on the job. Even in these difficult economic times, we must keep in mind that no job is a good job unless it's a safe job."
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Opportunities, Challenges in Use of Workers’ Comp Data Are Examined in NIOSH Workshop Proceedings Report

Opportunities for maximizing the use of workers’ compensation data for occupational safety and health surveillance and research - and challenges that researchers face in exploring those opportunities - are examined in a report of proceedings now available both electronically and in paper copy from the National Institute for Occupational Safety and Health (NIOSH).
"Use of Workers’ Compensation Data for Prevention of Occupational Injuries and Illnesses: Proceedings from September 2009 Workshop," DHHS (NIOSH) Publication No. 2010-152, is posted at http://www.cdc.gov/niosh/docs/2010-152/pdfs/2010-152.pdf Adobe PDF file. The 2009 workshop was co-sponsored by NIOSH, the Bureau of Labor Statistics, the National Council for Compensation Insurance, and the Washington State Department of Labor and Industries’ Safety and Health Assessment and Research for Prevention Program.
"As researchers and practitioners seek innovative means to improve the surveillance of occupational injuries and illnesses, workers’ compensation data offer a potentially useful answer - but the limitations and uncertainties of those data must be addressed," said NIOSH Director John Howard, M.D. "We are pleased to offer these proceedings as a unique resource for assessing current uses of workers’ compensation information for health surveillance, suggesting new uses, and engaging the uncertainties that we face in doing so."
Although workers’ compensation programs record cases of occupational injury and illness that have already occurred, they generate data that may also serve useful purposes for preventing future injuries and illnesses. Those data may provide insights into the severity of cases, recent trends, and emerging concerns that other data sources may not.
However, several factors pose difficulties for using workers’ compensation records as a surveillance and research resource. Because different states have different rules on compensability and because data are not always coded according to a standard system, it may be difficult to harmonize and interpret data nationally. Where larger data sets exist, they generally are proprietary, and access is restricted beyond the purposes for which they were originally established.
The proceedings include more than 30 prepared presentations and a summary from the workshop. Nearly 80 participants from federal and state agencies, labor, academia, and the insurance industry made presentations and engaged in discussions.