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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Wednesday, April 29, 2015
Bumble Bee Foods, Two Others Charged in Death of Employee Trapped Inside Industrial Oven
Los Angeles County District Attorney Jackie Lacey today announced that Bumble Bee Foods LLC and two others were charged with willfully violating worker safety rules, allegedly causing the 2012 death of an employee who became trapped inside an industrial oven at the company’s Santa Fe Springs plant.
Tuesday, April 28, 2015
A More Efficient Process
The NJ Appellate Court reversed a Compensation Judge's dismissal of an employee's claim petition citing, delay in adjudication, and an inadequate record at the trial record.
The reviewing court in an opinion reversing the trial judge and reinstating the case wrote that the motion had lingered for too many years, ie. 4 years, the record below on the motion was vague and incomplete, and the legislative intent for an efficient and liberally construed process was not met.
The Appellate Division cited a 30 year old decision declaring the need for a more efficient process to adjudicate workers' compensation claims.
The reviewing court in an opinion reversing the trial judge and reinstating the case wrote that the motion had lingered for too many years, ie. 4 years, the record below on the motion was vague and incomplete, and the legislative intent for an efficient and liberally construed process was not met.
The Appellate Division cited a 30 year old decision declaring the need for a more efficient process to adjudicate workers' compensation claims.
Roderick v. Taxi & Limousine Three, LLC
Not Reported in A.3d, 2015 WL 1859321 (N.J.Super.A.D. 2015)
Related articles
- Equitable Relief Permits Reinstatement of Dismissed Workers' Compensation Case (workers-compensation.blogspot.com)
- Spoliation of Evidence: Sanctions Reversed in Employer Fraud Case (workers-compensation.blogspot.com)
Monday, April 27, 2015
The Circus: OSHA Settlement
Ringling Bros. to enhance safety for all aerial acts after settlement agreement
9 employees injured in May 2014 fall in Providence, Rhode Island
Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.
9 employees injured in May 2014 fall in Providence, Rhode Island
Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.
Saturday, April 25, 2015
Medical Costs: Why Target the Drug Industry Now
The pharmaceutical industry may indeed be a major factor in the future success of reducing workers' compensation treatment costs and improve the success rate of care. Such action will reduce the cost of medical treatment and likewise reduce permanent disability awards.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
This week several landmark announcements were made regarding the treatment of mesothelioma and Hepatitis C. The pharmaceutical industry is making great strides if treatment and cure.
Perhaps targeting the drug industry at this time merely to reduce costs is short sighted. The entire program needs to be encouraged.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
Friday, April 24, 2015
First Capital Insulation faces $490K in fines for willfully allowing unsafe asbestos removal
Workers safely remove asbestos. Source: OSHA.gov |
Three workers removing thermal pipe insulation at an unoccupied residence on North Second Street in Harrisburg were exposed to these serious risks because their employer failed to protect them properly.
U.S. Department of Labor Occupational Safety and Health Administration inspectors found that First Capital Insulation Inc. of York regularly exposed employees to asbestos hazards.
"Asbestos exposure can cause chronic lung disease and cancer. With the right safeguards, employees can be protected from these deadly hazards," said Kevin Kilp, director of OSHA's area office in Harrisburg. "We found employees removing insulation containing asbestos without first wetting the material, which reduces the danger of exposure. A little water could have made all the difference and the company knew this."
First Capital Insulation faces a $490,000 penalty for seven willful violations, including allowing workers to remove asbestos improperly; failing to make sure their employees' respirators fit correctly; and not decontaminating employees and their clothing before leaving the work site.
The clothing of workers who handle asbestos creates a significant risk for secondary exposure. Its microscopic particles can easily attach to hair, skin and clothes. If the worker and his clothing are not properly cleaned before leaving the work site, others with whom the worker has contact risk secondary exposure. A worker who fails to change out of asbestos-contaminated clothing before returning home can leave fibers embedded in couches, chairs, carpets, beds and other furniture.
OSHA requires employers to treat thermal system insulation and surfacing material found in buildings constructed before and in 1980 as asbestos, unless they can prove that the material is free of asbestos. In this inspection, the building was built in 1928, and the company made no attempt to test the removed materials.
To read the citations, visit http://www.osha.gov/ooc/citations/FirstCapitalInsulationInc_1002754_0420_15.pdf*.
First Capital Insulation is an environmental services company. It provides asbestos, lead abatement and insulation installation services. The company has 15 business days from receipt of its citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.
Related articles
- Pulmonary fibrosis asbestos link found (workers-compensation.blogspot.com)
- OSHA Cites Employers for Exposing Workers to Asbestos - $148,000 (workers-compensation.blogspot.com)
- Widow awarded compensation for husband's asbestos related cancer death (From Bucks Free Press) (workers-compensation.blogspot.com)
- Part 1: Asbestos at VA Medical Center (workers-compensation.blogspot.com)
CMS Posts Sample Notice To Beneficiaries Regarding Appeal Rights
CMS has posted the following notice regarding MSP Appeal Rights under the SMART Act. Under the process the the Social Security Beneficiary is only a party of notice and the the direct parties become the Insurance Carrier or Workers' Compensation Entity who initiates the appeal. The process has yet to unfold when an injured workers moves for standing to appear and participate in the process.
On February 27, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing certain provisions of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART ACT). This final rule establishes a formal appeals process for applicable plans (liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans) in situations where the Secretary seeks Medicare Secondary Payer (MSP) recovery directly from an applicable plan. The rule is effective April 28, 2015, and applies to demand letters issued on or after April 28, 2015.
Beneficiaries will be notified in writing if an item or service they received is the subject of an appeal by the insurer or workers’ compensation entity.
A new document titled Appeals Process for Insurers and Workers’ Compensation Entities and Required Notice to Medicare Beneficiaries has been loaded to the downloads section of the What’s New page on the Beneficiary Services section of CMS.gov. The following link can be used to access the main page http://go.cms.gov/beneficiary. Once on the main page click the “What’s New” link in the left side menu and scroll to the bottom of the page.
Health Care Workers' Hazard: Cloth Based Masked Face Masks
Infection in the workplace is now becoming a major concern as new epidemics of disease spread worldwide facilitated by the ever increasing global transportation network. The recent and urgent concerns over Flu, Ebola, Measles and Polio highlight the need to protect health workers.
A recent study published the British Medical Journal focuses on the inadequacy of current medical practices. The study of Clinical respiratory illness (CRI), influenza-like illness (ILI) and laboratory-confirmed the spread of respiratory virus infection and highlights the the problems with cloth face masks.
"We have provided the first clinical efficacy data of cloth masks, which suggest HCWs should not use cloth masks as protection against respiratory infection. Cloth masks resulted in significantly higher rates of infection than medical masks, and also performed worse than the control arm. The controls were HCWs who observed standard practice, which involved mask use in the majority, albeit with lower compliance than in the intervention arms. The control HCWs also used medical masks more often than cloth masks. When we analysed all mask-wearers including controls, the higher risk of cloth masks was seen for laboratory-confirmed respiratory viral infection."
Click here to read the entire report.
"A cluster randomised trial of cloth masks compared with medical masks in healthcare workers"
BMJ Open 2015;5:e006577 doi:10.1136/bmjopen-2014-006577
"We have provided the first clinical efficacy data of cloth masks, which suggest HCWs should not use cloth masks as protection against respiratory infection. Cloth masks resulted in significantly higher rates of infection than medical masks, and also performed worse than the control arm. The controls were HCWs who observed standard practice, which involved mask use in the majority, albeit with lower compliance than in the intervention arms. The control HCWs also used medical masks more often than cloth masks. When we analysed all mask-wearers including controls, the higher risk of cloth masks was seen for laboratory-confirmed respiratory viral infection."
Click here to read the entire report.
"A cluster randomised trial of cloth masks compared with medical masks in healthcare workers"
BMJ Open 2015;5:e006577 doi:10.1136/bmjopen-2014-006577
Related articles
- Looking Back: Nellie Kershaw-The First Reported Asbestos Victim (workers-compensation.blogspot.com)
- Ebola: An 18% Chance Became 100% Last Week (workers-compensation.blogspot.com)
- Ebola Guidelines for the Workers' Comp Industry (workers-compensation.blogspot.com)
- Infections in the Workplace: The Eloba Effect- Is the US Doing Enough? (workers-compensation.blogspot.com)
- Doctor in New York City Tests Positive for Ebola (workers-compensation.blogspot.com)
Thursday, April 23, 2015
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Today's post is shared from finance.yahoo.com/news
Aduro Biotech, Inc. today announced that the Office of Orphan Product Development of the U.S. Food and Drug Administration (FDA) has granted orphan drug designation to CRS-207, a novel immuno-oncology product candidate, for the treatment of mesothelioma. This designation potentially allows Aduro seven years of limited marketing exclusivity in the United States if it is the first to obtain FDA marketing approval for mesothelioma, and qualifies the company for grant funding to offset the cost of clinical testing as well as tax credits for certain research and a waiver of the Biologics License Application user fee. The FDA previously granted orphan designation to CRS-207 and GVAX Pancreas for the treatment of pancreatic cancer.
“This is an important step for Aduro as we continue to develop CRS-207 for this very difficult to treat cancer,” said Dirk Brockstedt, Ph.D., senior vice president of research and development at Aduro. “We believe the combination of CRS-207 together with chemotherapy may offer the promise of a potential new therapeutic regimen for patients suffering from mesothelioma. Importantly, we plan to report additional data from the ongoing Phase 1b study later this year.”
Click here to read the entire article
Aduro Biotech, Inc. today announced that the Office of Orphan Product Development of the U.S. Food and Drug Administration (FDA) has granted orphan drug designation to CRS-207, a novel immuno-oncology product candidate, for the treatment of mesothelioma. This designation potentially allows Aduro seven years of limited marketing exclusivity in the United States if it is the first to obtain FDA marketing approval for mesothelioma, and qualifies the company for grant funding to offset the cost of clinical testing as well as tax credits for certain research and a waiver of the Biologics License Application user fee. The FDA previously granted orphan designation to CRS-207 and GVAX Pancreas for the treatment of pancreatic cancer.
“This is an important step for Aduro as we continue to develop CRS-207 for this very difficult to treat cancer,” said Dirk Brockstedt, Ph.D., senior vice president of research and development at Aduro. “We believe the combination of CRS-207 together with chemotherapy may offer the promise of a potential new therapeutic regimen for patients suffering from mesothelioma. Importantly, we plan to report additional data from the ongoing Phase 1b study later this year.”
Click here to read the entire article
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.
Equitable Relief Permits Reinstatement of Dismissed Workers’ Compensation Case
The principles of equitable relief were invoked by a NJ Appellate Court to restore a dismissed workers’ compensation case to the active calendar.
The Appellate Court, reviewing the facts, considered that the original dismissal, was based on “omissions and misrepresentations” of his prior attorney and the "Petitioner's dilemma was not caused by his own dereliction or ambivalence."
The Appellate Court stated:
Although N.J.S.A. 34:15–54 does not expressly create an exception to the oneyear
requirement for filing a motion for reinstatement, our courts have recognized
that compensation judges possess the inherent power to excuse the one-year time
bar upon the grounds set forth in Rule 4:50–1. Beese v. First Nat'l Stores, 52
N.J. 196, 200 (1968) ; see also Estelle v. Bd. of Educ. of Red Bank, 14 N.J. 156,
261 (1954); Stone v. Dugan Bros. of N.J., 1 N.J.Super. 13, 16–17 (App.Div.1948) .
Relevant here is consideration of Rule 4:50–1(f), which provides that a court may
vacate a judgment for “any other reason justifying relief from the operation of
the judgment or order.”
When considering relief under that basis, “[n]o categorization can be made of
the situations which would warrant redress under subsection (f) .... the very essence
of (f) is its capacity for relief in exceptional situations. And in such
exceptional cases its boundaries are as expansive as the need to achieve equity
and justice.” Court Inv. Co. v. Perillo, 48 N.J. 334, 341 (1966) (citation omitted).
Related articles
- Rules of Dismissal Governed by Equitable Principles (workers-compensation.blogspot.com)
- Spoliation of Evidence: Sanctions Reversed in Employer Fraud Case (workers-compensation.blogspot.com)
- Case Remanded to Compensation Court to Determine Employment Status (workers-compensation.blogspot.com)
Wednesday, April 22, 2015
Single Payer: State v Federal
Does the demise of the Vermont Single Payer system signal that change is on the horizon on a national level for a more sweeping program? The medical costs of state workers' compensation programs have become so profitable for cottage industries that are directly and ancillary connected to the delivery of work related medical care that the system is our of balance. One has to look seriously at the comments by John E. McDonough in the NEJM.
"At some point, perhaps 5 to 15 years from now, as the size and scope of Medicare, Medicaid, and the ACA subsidy structure balloon far beyond today's larger-than-life levels, our political leaders may discover the inanity of running multiple complex systems to insure different classes of Americans. If advanced by the right leaders at the right time, the logic of consolidation may become glaringly evident and launch us on a new path. If such consolidation is to occur, like it or not, I believe it will happen federally and not in the states — and no time soon."
The Demise of Vermont's Single-Payer Plan
John E. McDonough, Dr.P.H., M.P.A.
N Engl J Med 2015; 372:1584-1585 April 23, 2015 DOI: 10.1056/NEJMp1501050
"At some point, perhaps 5 to 15 years from now, as the size and scope of Medicare, Medicaid, and the ACA subsidy structure balloon far beyond today's larger-than-life levels, our political leaders may discover the inanity of running multiple complex systems to insure different classes of Americans. If advanced by the right leaders at the right time, the logic of consolidation may become glaringly evident and launch us on a new path. If such consolidation is to occur, like it or not, I believe it will happen federally and not in the states — and no time soon."
The Demise of Vermont's Single-Payer Plan
John E. McDonough, Dr.P.H., M.P.A.
N Engl J Med 2015; 372:1584-1585 April 23, 2015 DOI: 10.1056/NEJMp1501050
Related articles
- High Compensation Medical Costs Raises Concern in New Hampshire (workers-compensation.blogspot.com)
- Medicare Takes Bigger Bite Out California Workers Compensation (workers-compensation.blogspot.com)
- Order Now: Workers' Compensation Law 2015 Update (workers-compensation.blogspot.com)
- CMS: "The Smarter Act" Introduced in the US Senate (workers-compensation.blogspot.com)
- Measuring the Global Burden of Disease (workers-compensation.blogspot.com)
Tuesday, April 21, 2015
CMS will be presenting a webinar on “Applicable Plan” Appeals
“Applicable Plan” Appeals Webinar – April 28, 2015
CMS will be presenting a webinar on “Applicable Plan” Appeals.
The term “applicable plan” means liability insurance (including self-insurance), no-fault insurance and workers’ compensation laws or plans. Effective for recovery demand letters issued directly to applicable plans as the identified debtor on or after April 28, 2015, applicable plans have formal appeal rights.
The presentation will include:
-an introduction to the appeals process (as the process is new to applicable plans), information on the appeals process specific to applicable plans, and
-tips/suggestions to applicable plans regarding the recovery process, including appeals.
Date: April 28, 2015 Start time: 1:00 PM Eastern time.
URL: https://webinar.cms.hhs.gov/r2g9kffqc46/
Please begin logging in approximately 15 minutes before the start time, due to the large number of participants
CMS will be presenting a webinar on “Applicable Plan” Appeals.
The term “applicable plan” means liability insurance (including self-insurance), no-fault insurance and workers’ compensation laws or plans. Effective for recovery demand letters issued directly to applicable plans as the identified debtor on or after April 28, 2015, applicable plans have formal appeal rights.
The presentation will include:
-an introduction to the appeals process (as the process is new to applicable plans), information on the appeals process specific to applicable plans, and
-tips/suggestions to applicable plans regarding the recovery process, including appeals.
Date: April 28, 2015 Start time: 1:00 PM Eastern time.
URL: https://webinar.cms.hhs.gov/r2g9kffqc46/
Please begin logging in approximately 15 minutes before the start time, due to the large number of participants
Related articles
- Coordination of Benefits and Non-Group Health Plan Recovery Transition (workers-compensation.blogspot.com)
- Court of Compensation Does Not Have Jurisdiction for Restitution (workers-compensation.blogspot.com)
- Generic Drug Manufacturers Get a Favorable Signal From The US Supreme Court (workers-compensation.blogspot.com)
- Electronic Filing: The Ideal System for Workers' Compensation (workers-compensation.blogspot.com)
CDC Alert to U.S. Hospitals and Long-Term Care Facilities: Patients at Risk of Listeriosis from Certain Blue Bell Brand Ice Cream Products
Blue Bell Creameries has expanded its recall to now include all of its products currently on the market made at any of its facilities. CDC recommends that hospitals and long-term care facilities not serve or sell any Blue Bell brand products. Please check your freezer and inventory for these products. Visit CDC’s Advice to Consumers, Institutions, and Retailers to learn more.
Certain Blue Bell brand ice cream products may be contaminated with Listeria and can cause illness. Some of these products were distributed to institutions.
State and local health officials, CDC, and FDA are collaborating to investigate an outbreak of Listeria monocytogenesinfections (listeriosis) linked to Blue Bell Creameries ice cream products. Information available to date suggests that ill people likely acquired L. monocytogenes infections from ice cream products they consumed while hospitalized for unrelated causes.
As of April 20, 2015, a total of ten patients infected with several strains of Listeria monocytogenes were reported from four states: Arizona (1), Kansas (5), Oklahoma (1), and Texas (3). Illness onset dates ranged from January 2010 through January 2015. The patients with illness onsets ranging from 2010-2014 were identified through a retrospective review of the PulseNet database for DNA fingerprints matching isolates collected from Blue Bell ice cream samples. Since the last update on April 8, 2015, two additional patients, one each from Arizona and Oklahoma, were confirmed to be a part of the outbreak by whole genome sequencing. All ten (100%) patients were hospitalized. Three deaths were reported from Kansas.
One additional isolate from a patient with listeriosis is undergoing further molecular laboratory testing to determine whether this illness may be related to this outbreak. Results of this testing will be reported once they are available. CDC and state and local public health partners are continuing laboratory surveillance through PulseNet to identify any other ill persons that may be part of this outbreak.
People at higher risk for listeriosis include pregnant women, adults 65 and older, and people with weakened immune systems. Hospitalized patients are at higher risk of listeriosis than the general population because many are immunocompromised and of older age (1).
A recent review article indicates that hospital-acquired listeriosis represents a substantial proportion of overall listeriosis cases that are not associated with pregnancy.
For updates, please visit CDC’s outbreak website.
Silk BJ, McCoy MH, Iwamoto M, Griffin PM. Foodborne listeriosis acquired in hospitals. Clinical Infectious Diseases. 2014 May 20, 2014. doi:10.1093/cid/ciu365.
CDC: Blue Bell Listeria Outbreak Started In 2010
For updates, please visit CDC’s outbreak website.
Silk BJ, McCoy MH, Iwamoto M, Griffin PM. Foodborne listeriosis acquired in hospitals. Clinical Infectious Diseases. 2014 May 20, 2014. doi:10.1093/cid/ciu365.
CDC: Blue Bell Listeria Outbreak Started In 2010
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Friday, April 17, 2015
EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs
Employee wellness is a good thing for workers' compensation, especially when paying physicians baaed on an outcome than than by the hour . The proposed EEOC Rule would permit incentives, emphasize confidentiality
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking (NPRM) describing how Title I of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans. The NPRM is available in the Public Inspection portion of the Federal Register, and will be officially published on Monday, April 20, 2015. Members of the public have 60 days from that date (or until Friday, June 19) to submit comments.
The EEOC's proposed rule would provide much needed guidance to both employers and employees about how wellness programs offered as part of an employer's group health plan can comply with the ADA consistent with provisions governing wellness programs in the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act. In addition, the EEOC is also publishing a Fact Sheet for Small Businesses and a Question and Answer document for the general public.
Many employers that provide health insurance also offer workplace wellness programs intended to encourage healthier lifestyles or prevent disease. These programs sometimes use health risk assessments and biometric screenings to determine an employee's health risk factors, such as body weight and cholesterol, blood glucose, and blood pressure levels. Some of these programs offer financial and other incentives for employees who participate or achieve certain health outcomes.
Although the ADA limits the circumstances in which employers may ask employees about their health or require them to undergo medical examinations, it allows such inquiries and exams if they are voluntary and part of an employee health program.
The NPRM further requires that if an employee health program seeks information about employee health or medical examinations, the program must be reasonably likely to promote health or prevent disease. Employees may not be required to participate in a wellness program, and they may not be denied health coverage or disciplined if they refuse to participate
The EEOC's proposed rule makes clear that wellness programs are permitted under the ADA, but that they may not be used to discriminate based on disability. The rule explains that under the ADA, companies may offer incentives of up to 30 percent of the total cost of employee-only coverage in connection with wellness programs. These programs can include medical examinations or questions about employees' health (such as questions on a health risk assessment).
This limit is generally consistent with limits that HIPAA imposes on wellness programs. The rule also makes clear however, that the ADA provides important safeguards to employees to protect against discrimination based on disability. Accordingly, medical information collected as a part of a wellness program may be disclosed to employers only in aggregate form that does not reveal the employee's identity, and must be kept confidential in accordance with ADA requirements.
"The EEOC worked closely with the Departments of Labor, Health and Human Services, and Treasury in developing this NPRM to harmonize the ADA's requirement that medical inquiries and exams that are part of an employee health program must be voluntary, and HIPAA's goal of allowing incentives to encourage participation in wellness programs," said EEOC Chair Jenny R. Yang.
Employers also may not subject employees to interference with their ADA rights, threats, intimidation, or coercion for refusing to participate in a wellness program or for failing to achieve certain health outcomes. Finally, individuals with disabilities must be provided with reasonable accommodations that allow them to participate in wellness programs and to earn whatever incentive an employer offers.
In addition to setting a limit on incentives, the NPRM, which includes interpretive guidance that will be published along with the final rule, requires that employers provide employees a notice that describes what medical information will be collected, with whom it will be shared, how it will be used, and how it will be kept confidential. The interpretive guidance also includes an extensive discussion of both legal requirements and best practices that ensure confidentiality of employee medical information.
The Commission looks forward to receiving comments on the NPRM that will shape the final regulation. In addition, the Commission has asked a number of specific questions in the preamble to the NPRM on which it seeks comment before finalizing the rule. Methods for commenting are specified in the notice in the Federal Register.
One of the six national priorities identified by the Commission's Strategic Enforcement Plan is for the Commission to address emerging and developing issues in equal employment law, including issues involving the ADA among other possible issues.
The EEOC enforces the federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov.
Thursday, April 16, 2015
Health and Compensation Programs Passed Into Law After Almost Decade Long Fight Set to Expire This Year – Participants in 9/11 Health Program Living in All 50 States and 429 of 435 Congressional Districts
After nearly a decade long fight to stand by our first responders who answered the call of duty on September 11th, Congress finally fulfilled its moral obligation in late 2010 and provided our 9/11 heroes with the health care and financial compensation they deserved by passing the James Zadroga 9/11 Health and Compensation Act. With the Zadroga bill’s two critical programs – the World Trade Center (WTC) Health Program and the September 11th Victim Compensation Fund – set to expire in October 2015 and October 2016 respectively a bipartisan group of lawmakers from across the country today introduced the James Zadroga 9/11 Health and Compensation Reauthorization Act to permanently extend these programs. Last month, the U.S. Senate unanimously passed an amendment to the Senate budget resolution that will facilitate future legislation to renew and extend the Zadroga Act.
Wednesday, April 15, 2015
It is not "How," It is "When"
Judge David Langham wrote a very enlightening blog post today about how advancing technology is impacting the world and more particularly the workers' compensation arena. As usual, he is right on target with the issue that is going to have the most influence over our changing world.
The Judge mentioned the advent of driverless technology. Ironically, it is national Distracted Driving Awareness Month. If you are driving about the State of New York with a phone in your hand you'll most likely get a ticket for sure this week. The driverless car is already under development with a target for production by major corporations such as Apple by the year 2020. In California Google already has test vehicles on the road.
The Judge mentioned the advent of driverless technology. Ironically, it is national Distracted Driving Awareness Month. If you are driving about the State of New York with a phone in your hand you'll most likely get a ticket for sure this week. The driverless car is already under development with a target for production by major corporations such as Apple by the year 2020. In California Google already has test vehicles on the road.
Tuesday, April 14, 2015
On the job safety extends to space travel
The Space-X launch today illustrates that space travel remain a very hazardous occupation. The launch went well, but the attempt to land the spent rocket stage back of the platform failed. It has been a tough year for NASA, Orbital and Space-X as the mission to privatize space exploration continues.
On-Call Employment: Uber on Steriods
The NY Attorney General took action yesterday to rein in the growing emergence of "on-call staffing." The new dynamic of on demand staffing continues to be a growing trend in the employment arena. It is sort of an Uber on steroids.
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
Monday, April 13, 2015
Exporting Illness Worldwide: Heavy Metal Contamination From a U.S. Owned Smelter in Peru
English: The La Oroya train station 1921 (Photo credit: Wikipedia) |
The town of La Oroya, Peru - the site of an American owned smelter - is suffering from decades of unregulated emissions from the plant which continue to this day. According to the Peruvian Ministry of Health, blood lead levels among local children are dangerously high averaging 33.6 micrograms/deciliter, triple the World Health Organization limit of 10 micrograms/deciliter, while the vegetation in the surrounding area has been destroyed by acid rain. Limited environmental sampling has revealed lead levels exceeding public health standards in almost 90 percent of the homes, extensive soil contamination, and excessive airborne emissions throughout the town.
Lead causes a range of health effects, but primarily effects neurological development in children resulting in reduced school performance, lower scores on standardized tests (such as IQ), mental retardation and can even cause death. A significant portion of those tested by the Ministry of health should have received immediate medical attention to remove lead from the body, but no follow-up was ever initiated.
To plan for remediation and to examine the potential for ongoing exposure from the lead and other metals already deposited in La Oroya, further testing of dust lead levels inside homes was required. We therefore brought the equipment and supplies and trained our partners at the Asociación Civil Labor to collect dust wipe samples. We then arranged for half the samples to be analyzed at a laboratory in the U.S. as a donated service. After obtaining the results, we worked with our Peruvian partners to prepare a report, and conduct education and outreach about the health risks associated with the exposure to lead and other pollutants.
Full report in PDF format: [English] [Spanish]
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.
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- EPA Proposes Plan to Address Contaminated Soils and Ground Water at Maywood Chemical Company Superfund Site in Maywood and Rochelle Park, New Jersey; Cleanup Estimated to Cost $17 Million; Plan Will Address Contamination at Former Maywood Chemical Works (workers-compensation.blogspot.com)
Monday, April 6, 2015
OSHA fines Dayton, New Jersey, companies $64,200 for blocked exit routes and chemical, noise and energy control hazards
Employers name and location: Imagine Screen Printing & Productions LLC, which imprints graphic design images onto apparel such as t-shirts and sweatshirts. Central Mills Inc., doing business as Freeze, sorts, packs and distributes the apparel to some of the nation's largest retailers, including Walmart, Macy's and Target.
Both companies are located at 473 Ridge Road in Dayton, New Jersey, and have the same management, maintenance employees and safety departments.
Date investigation initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection of Imagine Screen Printing & Productions LLC on Oct. 1, 2014, in response to a complaint alleging workplace safety and health hazards. The inspection was expanded to include Freeze on Nov. 6, 2014, when inspectors discovered that company employees were also exposed to observed hazards.
Investigation findings: Imagine was cited for 15 serious citations including:
Not providing and maintaining a hearing conservation program for employees exposed to excessive noise;
Blocked exits*;
Tripping and fall hazards;
Not training workers on chemical hazards;
Not providing lockout/tagout training to all employees who work in an area where energy control devices are used on equipment; and
Not providing eyewash facilities.
Freeze received seven serious citations for blocked aisles and exit routes, energy control deficiencies, failure to train workers on chemical hazards, unsecured storage racks, and damaged electrical connections on forklift battery chargers. 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 safety and health hazards found in both inspections put workers at risk of being seriously injured or worse, and should be immediately corrected," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing a safe and healthful workplace for employees."
The companies have 15 business days from receipt of citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Proposed penalties: $43,200 for Imagine Screen Printing & Productions LLC, and $21,000 for Freeze.
View the citations: http://www.osha.gov/ooc/citations/ImagineScreenPrintingandCentralMills_1002842_0327_15.pdf*
Both companies are located at 473 Ridge Road in Dayton, New Jersey, and have the same management, maintenance employees and safety departments.
Date investigation initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection of Imagine Screen Printing & Productions LLC on Oct. 1, 2014, in response to a complaint alleging workplace safety and health hazards. The inspection was expanded to include Freeze on Nov. 6, 2014, when inspectors discovered that company employees were also exposed to observed hazards.
Investigation findings: Imagine was cited for 15 serious citations including:
Not providing and maintaining a hearing conservation program for employees exposed to excessive noise;
Blocked exits*;
Tripping and fall hazards;
Not training workers on chemical hazards;
Not providing lockout/tagout training to all employees who work in an area where energy control devices are used on equipment; and
Not providing eyewash facilities.
Freeze received seven serious citations for blocked aisles and exit routes, energy control deficiencies, failure to train workers on chemical hazards, unsecured storage racks, and damaged electrical connections on forklift battery chargers. 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 safety and health hazards found in both inspections put workers at risk of being seriously injured or worse, and should be immediately corrected," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing a safe and healthful workplace for employees."
The companies have 15 business days from receipt of citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Proposed penalties: $43,200 for Imagine Screen Printing & Productions LLC, and $21,000 for Freeze.
View the citations: http://www.osha.gov/ooc/citations/ImagineScreenPrintingandCentralMills_1002842_0327_15.pdf*
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Saturday, April 4, 2015
Companies Cannot Stifle Whistleblowers in Confidentiality Agreements: SEC v KBR Settlement
The Securities and Exchange Commission today announced its first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
Related reading:
"Indefensible" - More than $20 million for military incinerators up in smoke
The SEC charged Houston-based global technology and engineering firm KBR Inc. with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act. KBR required witnesses in certain internal investigations interviews to sign confidentiality statements with language warning that they could face discipline and even be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. Since these investigations included allegations of possible securities law violations, the SEC found that these terms violated Rule 21F-17, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.
KBR agreed to pay a $130,000 penalty to settle the SEC’s charges and the company voluntarily amended its confidentiality statement by adding language making clear that employees are free to report possible violations to the SEC and other federal agencies without KBR approval or fear of retaliation.
“By requiring its employees and former employees to sign confidentiality agreements imposing pre-notification requirements before contacting the SEC, KBR potentially discouraged employees from reporting securities violations to us,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement. “SEC rules prohibit employers from taking measures through confidentiality, employment, severance, or other type of agreements that may silence potential whistleblowers before they can reach out to the SEC. We will vigorously enforce this provision.”
According to the SEC’s order instituting a settled administrative proceeding, there are no apparent instances in which KBR specifically prevented employees from communicating with the SEC about specific securities law violations. However, any company’s blanket prohibition against witnesses discussing the substance of the interview has a potential chilling effect on whistleblowers’ willingness to report illegal conduct to the SEC.
“KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” said Sean McKessy, Chief of the SEC’s Office of the Whistleblower. “Other employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”
Without admitting or denying the charges, KBR agreed to cease and desist from committing or causing any future violations of Rule 21F-17.
The SEC’s investigation was conducted by Jim Etri and Rebecca Fike and supervised by David L. Peavler of the Fort Worth Regional Office.
"Indefensible" - More than $20 million for military incinerators up in smoke
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.
Thursday, April 2, 2015
The Relationship Between Workplace Stressors and Mortality and Health Costs in the United States
"Even though epidemiological evidence links specific workplace stressors to health outcomes, the aggregate contribution of these factors to overall mortality and health spending in the United States is not known.
"In this paper, we build a model to estimate the excess mortality and incremental health expenditures associated with exposure to the following 10 workplace stressors: unemployment, lack of health insurance, exposure to shift work, long working hours, job insecurity, work–family conflict, low job control, high job demands, low social support at work, and low organizational justice.
"Our model uses input parameters obtained from publicly accessible data sources. We estimated health spending from the Medical Expenditure Panel Survey and joint probabilities of workplace exposures from the General Social Survey, and we conducted a meta-analysis of the epidemiological literature to estimate the relative risks of poor health outcomes associated with exposure to these stressors. The model was designed to overcome limitations with using inputs from multiple data sources.
"Specifically, the model separately derives optimistic and conservative estimates of the effect of multiple workplace exposures on health, and uses optimization to calculate upper and lower bounds around each estimate, which accounts for the correlation between exposures. We find that more than 120,000 deaths per year and approximately 5%–8% of annual healthcare costs are associated with and may be attributable to how U.S. companies manage their work forces.
"Our results suggest that more attention should be paid to management practices as important contributors to health outcomes and costs in the United States.
"In this paper, we build a model to estimate the excess mortality and incremental health expenditures associated with exposure to the following 10 workplace stressors: unemployment, lack of health insurance, exposure to shift work, long working hours, job insecurity, work–family conflict, low job control, high job demands, low social support at work, and low organizational justice.
"Our model uses input parameters obtained from publicly accessible data sources. We estimated health spending from the Medical Expenditure Panel Survey and joint probabilities of workplace exposures from the General Social Survey, and we conducted a meta-analysis of the epidemiological literature to estimate the relative risks of poor health outcomes associated with exposure to these stressors. The model was designed to overcome limitations with using inputs from multiple data sources.
"Specifically, the model separately derives optimistic and conservative estimates of the effect of multiple workplace exposures on health, and uses optimization to calculate upper and lower bounds around each estimate, which accounts for the correlation between exposures. We find that more than 120,000 deaths per year and approximately 5%–8% of annual healthcare costs are associated with and may be attributable to how U.S. companies manage their work forces.
"Our results suggest that more attention should be paid to management practices as important contributors to health outcomes and costs in the United States.
Joel Goh
Harvard Business School, Boston, Massachusetts 02163
jgoh@hbs.edu,
Jeffrey Pfeffer
Graduate School of Business, Stanford University, Stanford, California 94305
pfeff@stanford.edu,
Stefanos A. Zenios
Graduate School of Business, Stanford University, Stanford, California 94305
stefzen@stanford.edu
Harvard Business School, Boston, Massachusetts 02163
jgoh@hbs.edu,
Jeffrey Pfeffer
Graduate School of Business, Stanford University, Stanford, California 94305
pfeff@stanford.edu,
Stefanos A. Zenios
Graduate School of Business, Stanford University, Stanford, California 94305
stefzen@stanford.edu
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- Retiree Health Plans Considered (workers-compensation.blogspot.com)
- Why older workers are still wanted in the office (workers-compensation.blogspot.com)
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