Driving While Distracted Compared to a DUI

A growing momentum is now taking hold that is comparing driving while distracted (DWD) to driving under the influence (DUI). Over 200 pieces of legislation have now been offered nation wide to prohibit such activities.

“People are starting to see it like drunk driving, and that’s the comparison we need to continue to make,” said Steve Farley, an Arizona state representative. The next step will be a determination whether State workers’ compensation law will consider the activity outside the course of employment or mandated by statute as  exclusion from coverage.

The NY Times has reports that 22% of all drivers talk of their phone while driving and DWD accounts for 2,600 deaths per year and 570,000 injuries.

To read more on distracted driving activity and workers’ compensation, click here.

OSHA Moving to Finalize Crystalline Silica Exposure Standard

The Occupational Safety and Health Administration (OSHA) is moving forward on implementing the standard for occupational exposure to silica. Silica has long been considered an occupational hazard. 


Silicosis was one of the enumerated occupational diseases that were universally included into workers' compensation statutes about 40 years after the enactment of the initial model acts were adopted, at the behest of Industry, to avoid civil liability actions. Occupational disease claims continue to be problematic for State compensation systems.


"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and maritime (derived from ACGIH's 1962 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend 50µg/m3 and 25µg/m3 exposure limits, respectively, for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials (ASTM) has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance. "


It is anticipated that the Peer Review phase will be completed in January 2010 and that NPRM (Notice of Proposed Rulemaking ) will be completed in July 2010.


The proposed Rules, 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Older Energy Workers Occupationally Ill

A new study reveals that older energy workers suffer a propensity of occupational illnesses. Historically occupational diseases of energy workers were primarily associated with limited radioactive substances.


"The age-standardized prevalence ratio of COPD among DOE workers compared to all NHANES III data was 1.3. Internal analyses found the odds ratio of COPD to range from 1.6 to 3.1 by trade after adjustment for age, race, sex, smoking, and duration of DOE employment. Statistically significant associations were observed for COPD and exposures to asbestos, silica, welding, cement dusts, and some tasks associated with exposures to paints, solvents, and removal of paints."


Click here to read more about energy workers and workers' compensation.

NJ Aims to Speed up Uninsured Penalties

The NJ Legislature is considering speeding up the processing of penalties and assessments against uninsured employers. Bills are pending before both houses of the legislature.


"This bill amends the workers’ compensation law to require that the Director of Workers’ Compensation shall, in any case in which an award of compensation payable by an uninsured employer or an assessment has been ordered by the director, file with the Clerk of the Superior Court a statement of the findings and judgment of the workers’ compensation judge or a certified copy of the director's order.  Upon that filing, the statement or order, as the case may be, shall have the same effect and may be collected and docketed in the same manner as judgments rendered in causes tried in the Superior Court.


"Under current law, the director is not permitted to make the filing until 45 days after payment is due and 10 days after the uninsured employer fails to comply with any demand to deposit with the director the estimated value of the compensation, and 20 days after orders by the director to pay any assessments for failure to pay.  The bill requires, rather than permits, the director to make the filing, and requires that the filing be made without the delays currently imposed.

Identical Bill Number: S2495    Quijano, Annette   as Primary Sponsor Barnes, Peter J., III   as Primary Sponsor Moriarty, Paul D.   as Primary Sponsor Egan, Joseph V.   as Co-Sponsor Diegnan, Patrick J., Jr.   as Co-Sponsor Vas, Joseph   as Co-Sponsor
1/15/2009 Introduced, Referred to Assembly Labor Committee 1/26/2009 Reported out of Assembly Committee, 2nd Reading 5/21/2009 Passed by the Assembly (76-0-0) 5/21/2009 Received in the Senate without Reference, 2nd Reading Statement - ALA 1/26/09 - 1 pages PDF Format    HTML Format Introduced - 3 pages PDF Format    HTML Format Committee Voting: ALA  1/26/2009  -  r/favorably  -  Yes {9}  No {0}  Not Voting {0}  Abstains {0}  -  Roll Call Egan, Joseph V. (C) - Yes Evans, Elease (V) - Yes Dancer, Ronald S. - Yes DeAngelo, Wayne P. - Yes Doherty, Michael J. - Yes Oliver, Sheila Y. - Yes Quijano, Annette - Yes Scalera, Frederick - Yes Webber, Jay - Yes Session Voting: Asm.  5/21/2009  -  3RDG FINAL PASSAGE   -  Yes {76}  No {0}  Not Voting {4}  Abstains {0}  -  Roll Call Addiego, Dawn Marie - Yes Albano, Nelson T. - Yes Amodeo, John F. - Yes Angelini, Mary Pat - Yes Barnes, Peter J., III - Yes Biondi, Peter J. - Yes Bramnick, Jon M. - Yes Burzichelli, John J. - Yes Caputo, Ralph R. - Yes Carroll, Michael Patrick - Yes Casagrande, Caroline - Yes Chiappone, Anthony - Yes Chiusano, Gary R. - Yes Chivukula, Upendra J. - Yes Conaway, Herb, Jr. - Yes Conners, Jack - Yes Coutinho, Albert - Yes Coyle, Denise M. - Yes Cruz-Perez, Nilsa - Yes Cryan, Joseph - Yes Dancer, Ronald S. - Yes DeAngelo, Wayne P. - Yes DeCroce, Alex - Yes DiMaio, John - Yes Diegnan, Patrick J., Jr. - Yes Doherty, Michael J. - Yes Egan, Joseph V. - Not Voting Evans, Elease - Yes Giblin, Thomas P. - Yes Green, Jerry - Yes Greenstein, Linda R. - Yes Greenwald, Louis D. - Yes Gusciora, Reed - Yes Handlin, Amy H. - Yes Holzapfel, James W. - Yes Jasey, Mila M. - Yes Johnson, Gordon M. - Yes Lampitt, Pamela R. - Yes Love, Sandra - Not Voting Malone, Joseph R., III - Yes McHose, Alison Littell - Yes McKeon, John F. - Yes Merkt, Richard A. - Yes Milam, Matthew W. - Yes Moriarty, Paul D. - Yes Munoz, Nancy F. - Yes O'Scanlon, Declan J., Jr. - Yes Oliver, Sheila Y. - Yes Polistina, Vincent J. - Yes Pou, Nellie - Yes Prieto, Vincent - Yes Quigley, Joan M. - Yes Quijano, Annette - Yes Ramos, Ruben J., Jr. - Yes Rible, David P. - Yes Riley, Celeste M. - Yes Roberts, Joseph J., Jr. - Yes Rodriguez, Caridad - Yes Rooney, John E. - Yes Rudder, Scott - Yes Rumana, Scott T. - Yes Rumpf, Brian E. - Not Voting Russo, David C. - Yes Scalera, Frederick - Yes Schaer, Gary S. - Yes Smith, L. Harvey - Yes Spencer, L. Grace - Yes Stender, Linda - Yes Thompson, Samuel D. - Yes Tucker, Cleopatra G. - Yes Vainieri Huttle, Valerie - Yes Van Pelt, Daniel M. - Yes Vandervalk, Charlotte - Yes Vas, Joseph - Not Voting Voss, Joan M. - Yes Wagner, Connie - Yes Watson Coleman, Bonnie - Yes Webber, Jay - Yes Wisniewski, John S. - Yes Wolfe, David W. - Yes

.........
Click here to read more about uninsured  employers and workers' compensation.

Good Medicine for an Ailing Compensation System

An historic shift in the delivery of medical care for those injured by occupational exposures has been signaled by the US Senate. Following decades of debate, the proposed emerging health care legislation, amended at the last minute by the Majority Leader's manager amendments, shifts Libby, Montana's asbestos disease claims to Medicare as a primary payor.

The stage was set last June 17th, when the US Environmental Protection Agency (EPA) declared Libby, Montana, a Public Health  Emergency, because of asbestos present at the site. The geographical location was the site of a W.R. Grace vermiculite mine.

The legislative provision was "buried" deep in the legislation at the last moment, reported Robert Pear of the NY Times. The amendment was made Senator Max Baucus of Montana, who lead the Senate legislative committee crafting the legislation. The convoluted political bartering over the last few days reflects a sentinel change in how injured workers may be receiving medical care in the years ahead. It is anticipated that major changes will be offered over the years ahead to modify and expand the coverage.

Occupational diseases have always been problematic to the State workers' compensation systems. They have been subject to serious and costly proof issues. They were "tag along" claims for a compensation system that initially was enacted in 1911 to cover only traumatic claims. The proposed legislation is a first major step to move occupationally induced illnesses into a universal health medical care system and will provide a pilot project for addressing the long awaited need to furnish medical care without serious and costly delays.

By allowing Medicare to become the primary payor and furnish medical care, those without a collateral safety net of insurance will be able to obtain medical care effectively and expeditiously. While cost shifting from workers' compensation to Medicare has been an historically systemic problem in the compensation arena, this legislation maybe a first major step to legitimatize the process. The legislation may allow for great accountability and expansion of the Medicare Secondary Payment Act (MSP) to end cost shifting that has become epidemic in proportion. It is good medicine for an ailing workers' compensation system.


Click here to read more about workers' compensation and universal health care.

Join Us on Facebook: Injured Workers Law & Advocacy Group

The Injured Workers Law & Advocacy Group is an open and free Facebook group that provides news and open discussions concerning national workers' compensation trends. 
The group is maintained for academic purposes to facilitate national policy discussions. Multiple news feeds and discussion postings are available free of charge.
Click here to join now.

BP Workers in Texas Awarded $100 Million By Jury

Ten workers who were exposed to chemicals at a BP plant in Texas have been awarded $100 Million by a jury. The workers were exposed to a toxic substance at the chemical factory in 2007. At least 133 more cases are pending.

The workers were exposed while repairing equipment at the refinery which is the 3rd largest in the US. Pre-trial negotiations were stalled before trial when the workers demanded $5,000 each in damages and BP had offered $500.

Earlier this year The Occupational Safety and Health Administration (OSHA) fined BO $21.4 Million for 2005 safety violation. The  company was also charged with $87,4 million in fines for failing to comply with the 2005 agreement to clean up safety violations at the plant. For that incident BP had paid more than $2 Billion to settle hundreds of pending law suits and a fine of $50 Million.

To read more about BP click here.