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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, November 5, 2012

OSHA urges hurricane recovery workers to protect themselves against hazards


The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New England states to be aware of the hazards they might encounter and the steps they should take to protect themselves.
"Storm recovery workers are working around the clock to clean up areas impacted by the storm," said Robert Kulick, OSHA's New York regional administrator. "We want to make sure that workers are aware of the hazards involved in cleanup work and take the necessary precautions to prevent serious injuries."
OSHA field staff members are providing safety assistance, technical support, and information and training to those involved in the recovery efforts. For more information about unsafe work situations, workers and the general public can contact OSHA's toll-free hotline at 800-321-OSHA (6742).
For more information about protecting workers during Hurricane Sandy recovery, visithttp://www.osha.gov/sandy/index.html. This comprehensive website offers fact sheets, concise "quick cards," frequently asked questions, safety and health guides, and additional information in English and Spanish.
Cleanup work can involve restoring electricity, communications, and water and sewer services; demolition activities; removal of floodwater from structures; entry into flooded areas; cleaning up debris; tree trimming; structural, roadway, bridge, dam and levee repair; use of cranes, aerial lifts and other heavy equipment; hazardous waste operations; and emergency response activities.
Inherent hazards may include downed electrical wires, carbon monoxide and electrical hazards from portable generators, fall and "struck-by" hazards from tree trimming or working at heights, being caught in unprotected excavations or confined spaces, burns, lacerations, musculoskeletal injuries, being struck by traffic or heavy equipment, and drowning from being caught in moving water or while removing water from flooded structures.
Protective measures include evaluating the work area for all hazards; assuming all power lines are live; using the right personal protective equipment (hard hats, shoes, reflective vests, safety glasses); conducting exposure monitoring where there are chemical hazards; following safe tree cutting procedures to prevent trees from falling on workers; and using fall protection and proper ladder safety when working at heights.
For additional information on grants, cleanup efforts and recovery resources, visit the Labor Department's Hurricane Recovery Assistance Web page, which is being continuously updated at http://www.dol.gov/opa/hurricane-recovery.htm. Also, a checklist of activities to be undertaken before, during and after a hurricane is available from the Federal Emergency Management Agency at http://www.ready.gov/hurricanes.

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Medicare Recovery Contractor Is Operational Again

Centers for Medicare and Medicaid Services (Me...
Centers for Medicare and Medicaid Services (Medicaid administrator) logo (Photo credit: Wikipedia)

Hurricane Sandy Update
November 4, 2012
The Workers’ Compensation Case Control System (WCCCS) and the Workers’ Compensation Medicare Set-aside Portal (WCMSAP) are currently operational. The Workers' Compensation Review Contractor (WCRC) has resumed its duties. 



Friday, November 2, 2012

Rescue Workers Face Serious Safety Issues

In the aftermath of Hurricane Sandy, Northern Jersey 1st responders are confronting serious safety issues as these heros go forward with the rescue and recovery process.

While some are acts of nature cause near fatal and devastating injuries,others are caused by the failure of  civil authorities to adequately plan and act appropriately.

In Wayne NJ a police office was paralyzed when a tree fell upon his vehicle during the storm. Multiple hours of surgery saved his life, but serious injuries remained. 

A very serious gasoline shortage exists throughout the New York City area. Long lines, angry customers exist. Panic and fear are becoming more common. Problems have escalated as food supplies dwindle. Announcements have been made that clean water is now becoming scarce. Credit card machines continue to be disabled by the continuing massive power outages. Near freezing temperatures are moving into the region where heat is non-existent as fuel shortages and power outages persist.

The NY Times reported on the gas crisis besieging the region. "I've been pumping gas for 36 hours; I pumped 1,500 gallons. My nose, my mouth is bleeding from the fumes. The fighting just makes it worse."
ABHISHEK SONI, the owner of an Exxon in Montclair, N.J., where disputes on the line had become so heated that he summoned police officers to restore calm.
Gasoline is just not available. One needs to travel 5 exists west into Pennsylvania in search of fuel. Then you can see lines of trucks unsafely filling 55 gallon storage barrels with fuel from the gas station pumps to feed home generators. Compounding yet another problem of carbon monoxide exposures by improperly used equipment. No talk yet of gasoline rationing and no safety warnings.
Worker safety should be of prime concern in the rescue and recovery effort. Authorities need to step-up to the plate and protect our heros.

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Thursday, November 1, 2012

Americans Unite in Support of Rescue and Recovery Effort


President Barack Obama and New Jersey Gov. Chris Christie look at storm damage along the coast of New Jersey on Marine One, Oct. 31, 2012.

(Official White House Photo by Pete Souza)

US provides grant to aid New Jersey communities with recovery efforts following Hurricane Sandy


Following President Obama’s call for federal agencies to act as quickly as possible to support state and local partners in the wake of the devastation caused by Hurricane Sandy, the U.S. Department of Labor today announced a $15,591,400 National Emergency Grant to assist New Jersey with cleanup and recovery efforts. The announcement builds on the major disaster declaration for the state approved by President Obama in the last several days, which makes federal assistance, like these emergency relief funds, available to supplement state and local response and recovery efforts.

“The destruction caused by this massive storm overwhelmed communities and disrupted lives throughout the state of New Jersey,” said Secretary of Labor Hilda L. Solis. “The Labor Department’s funding is part of the federal government’s collaborative efforts to ensure immediate emergency assistance.”

The funds are being awarded to the New Jersey Department of Labor and Workforce Development to assist with the restoration of public lands and infrastructure while also providing temporary work to those in need of employment. Of the $15,591,400 announced today, $5,197,133 will be released initially. Additional funding up to the amount approved will be made available as the state demonstrates a continued need for assistance.

On Oct. 30, the Federal Emergency Management Agency declared the counties of Atlantic, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union eligible for FEMA’s Public Assistance Program. More information on designated disaster areas in New Jersey is available from FEMA at http://www.fema.gov/disaster/4086/affected-counties.

National Emergency Grants are part of the secretary of labor's discretionary fund and are awarded based on a state's ability to meet specific guidelines. For more information, visit http://www.doleta.gov/NEG/.

Workers' Compensation Jeopardy: Romney and Medical Costs

Mitt Romney
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers’ compensation medical treatment. Proposed changes to the Federal program will indirectly impact the patchwork of workers' compensation programs by removing federally mandated fee regulation embraced under Obamacare.
Directly or indirectly, most workers' compensation programs have medical treatment and pharmaceutical pricing costs that are geared to Federal payment schedules regulated by the Medicare and Medicaid systems. Additionally, the Medicare Secondary Payer Act mandates reimbursement to the Federal, and State administered, and in many instances the Federal costs are less than the customary payments under workers’ compensation systems. Therefore the Federal programs, even if conditionally paid, result in lower payments eventually by employers and workers' compensattion insurance companies who in term are required to reimburse the Federal agency.
Additionally, the elimination of the Federal controls, that put a lid on the cost of benefits, would adversely affect the workers' compensation programs by creating havoc by eliminating the certainty of reduced costs, especially where future costs are concerned, ie. catastrophic care scenarios and latent diseases, ie. asbestosis.
Paul Krugman (NYTimes) points out, “But one thing is clear: If he [Romney] wins, Medicaid — which now covers more than 50 million Americans, and which President Obama would expand further as part of his health reform — will face savage cuts. Estimates suggest that a Romney victory would deny health insurance to about 45 million people who would have coverage if he lost, with two-thirds of that difference due to the assault on Medicaid.”
The Romney agenda to dismantle the present medical benefit program will only further jeopardize the economic stability of the nation’s workers’ compensation system. 
....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 
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Sandy Interrupted

We in New Jersey suffered devastating effects from Hurricane Sandy. The storm left a trail of decimation equivalent to the creation of a war zone, and some of most treacherous rescue and recovery situations ever imagined.

Hopefully our heros who are working hard to help in the rescue and recovery efforts, and those residents who survived the storm, remain safe and sound, as they struggle in the days and weeks ahead.

Our thoughts are with all of you.