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

Wednesday, November 28, 2012

Warehouse Workers Are At Risk By Company Safety Violations

Warehouse worker suffer unique risks associated with their employment. Many warehouse workers suffer injuries at work that lead to seriously disabling Worker’s Compensation claims. U.S. Department of Labor's Occupational Safety and Health Administration  (OSHA) has taken a major step in enforcing regulations in Jersey City,New Jersey, in an effort to make the work environment safer.

OSHA has cited Continental Terminals Inc. for nine serious and two willful safety violations at the company's Jersey City facility. Inspectors were notified of alleged hazards at the facility while they were inspecting another Continental facility in Kearny. Proposed penalties total $130,900.
The willful violations involve not protecting workers by allowing them to ride on the forks of forklifts, where they were exposed to falls of 10 feet, and permitting them to work on elevated platforms devoid of guardrails. A willful violation is one committed with intentional knowledge or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. The citations carry $98,000 in penalties. The serious violations include having exit doors that were sealed shut, allowing damaged powered industrial trucks to be operated, stacking materials insecurely, not having a hazard communication program, using damaged electrical cords and not labeling electrical panels. 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 citations carry $32,900 in penalties.

"Because fall hazards are among the leading cause of death among workers, it is vital that employers provide workers with proper fall protection," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."


Continental Terminals Inc. is a coffee and cocoa warehouse business that employs 10 workers at its Jersey City site; it was recently fined $162,400 by OSHA for safety violations at its Kearny site. The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the findings before the independent Occupational Safety and Health Review Commission.In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

Read more about "forklifts"
Sep 21, 2012
Forklift injuries produce serious workers' compensation claims, so it is no surprise that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is acutely concerned about forklift safety rule ...
Jun 21, 2012
... include failing to perform a personal protective equipment hazard assessment; provide an eyewash station for workers exposed to corrosive chemicals; provide fire extinguisher training; provide training for forklift operators; ...
Nov 08, 2012
Forklift injuries produce serious workers' compensation claims, so it is no surprise that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is acutely concerned about forklift safety rule .
Jan 24, 2010
An attorney for an injured worker quickly requested that a potentially defective forklift be preserved, but did not hastily have an expert conduct a physical inspection. Ciapinski v Crown Equipment Corp., 2010 WL 183903 (N.J. ...



US Supreme Court Hears Oral Argument on Workplace Harassment Case

Whether an employer can be held vicariously liable for actions of an employee under Title VII of the Civil Rights Act of 1964 was the subject of an oral argument this week before the Justices.

The petitioner argued:
"The judges in the Seventh Circuit itself have recognized that the rule does not really well fit the realities of the workplace. It also just moves uncertainty from one category to another. The category of supervisor may be a little bit tidier; but, under the Seventh Circuit's approach, the category of co-worker is very unpredictable. The Seventh Circuit itself, in Doe v. Oberweis Dairy, recognized that once you move people who can take—have this kind of power over their victims but can't actually take annual employment actions against them into the category of co-workers, all of a sudden you have to apply a sliding scale of negligence. Not only that, but the jury is the one who applies it. So for those categories—this exact category of employee, Your Honor, the employer going forward has very little idea of whether—what standard of care is that a particular jury would apply in that case and whether the jury would decide it is met or not."


Transcripts

More on Harassment
Blowing the Whistle on Unsafe Workplace Conditions Gets a Boost
Jun 16, 2011
The employee, who reported the unsafe workplace condition to the headquaters of DuPont buut became a target of employer harassment and suffered the residuals of psychological disability. Justice Albin, delivering the ...
Nov 10, 2009
... and practitioners, the non-profit group reported that deadly speed on the meat packaging line has resulted in an increase in the amount of injuries that go unreported because of employees' fear of harassment by employers.
Aug 31, 2011
Harassment of injured workers creates fear that deters claims to benefit of employers and their insurance carriers. Inured workers have limited resources to fight such unscrupulous behavior. The attorneys in Montana had ...
Jul 06, 2012
... claims which indicated an increase of 430 percent in the number of claims filed from 1980 to 1986. The main causes for these claims include job pressures, harassment, and job termination. Other types of discrimination and ...
Related articles

Monday, November 26, 2012

The 6 Things You Need To Do If You Are Exposed To Mercury


Elemental mercury is a silver, odorless liquid.
Today's post comes from guest author Catherine Stanton from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.
Workers who experience a one-time sudden exposure to any chemical substance at work, should:
  1. Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS. 
  2. If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222. 
  3. You can call the PCC independently for recommendations as well.
  4. Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in the country for recommendations and follow-up.
  5. This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider. 
  6. Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.
You can download a copy of the fact sheet by clicking here. It contains more information about the following topics:

Saturday, November 24, 2012

The "New Normal," Special Compensation Funds and Viability

An Arizona Appeals Court has ruled that Special Funds [Second Injury Fund] used to pay workers' compensation benefits and fund the administrative agency, can be transferred to the state’s general treasury and used to fund the state’s general liabilities.

The Court , in allowing $4.7 Million to be transferred by the state Legislature to the general treasury, held that the special fund was funding source subject to legislative review and appropriation.  “….Because the legislature set the  percentage rate of premiums from the  State  Compensation Fund and private carriers to be placed in the Special Fund, the funds are public monies,” and is therefore a public fund.

Second Injury Funds have been phased out throughout the US. Major industrial states have eliminated them over the past several decades, a move historically supported as employers, insurance companies and the American Bar Association.

New Jersey still has such a fund, ie., The Second Injury Fund. It has been decimated economically after the economic downturn and a series of similar repeated raids by the legislature. While a constitutional amendment has been enacted to prohibit raids, the economy has not increased enough to withstand the fiscal challenges.

Other states face similar problems. Missouri’s fund has not been able to pay beneficiaries for decades as it heads for extinction. New York’s fund has been challenged since assessments are soaring beyond what Industry feels are sustainable in the week economy.

The real challenge facing the nation’s patchwork of workers’ compensation programs is how to fund them generally in light of increased medical costs, lack of premiums due to unemployment and the “new normal” now emerging across  the nation.

Read the decision: Industrial Commission of Arizona, et al. v. Janice K. Brewer, Governor, et al. , 1 CA-CV 11-0119 , (AZ App 2012), decided 11/23/2012.


Friday, November 23, 2012

Breast cancer risk in relation to occupations with exposure to carcinogens and endocrine disruptors

Breast implant: Mammographs: Normal breast (le...
Breast implant: Mammographs: Normal breast (left) and cancerous breast (right). (Photo credit: Wikipedia)
Canadian, British and Scottish researchers said there was a link between breast cancer in women who work in jobs exposed to a "toxic soup" of chemicals.

"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control study contributes to one of the neglected areas: occupational risk factors for breast cancer. The identification of several important associations in this mixed industrial and agricultural population highlights the importance of occupational studies in identifying and quantifying environmental risk factors and illustrates the value of taking detailed occupational histories of cancer  patients"

Read more: http://www.upi.com/Health_News/2012/11/22/Workplace-chemicals-up-breast-cancer-risk/UPI-51041353641959/#ixzz2D26vN0Ay

More about "Breast Cancer" and occupational exposure

May 29, 2010
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
Oct 26, 2012
The Danish government has begun to pay compensation benefits to women who develop breast cancer after working night shifts and irregular work hours. So far approximately 40 women have received benefits according to .
Jan 12, 2011
The Nevada Supreme Court has awarded workers' compensation benefits to a firefighter who alleged that her occupational exposure at work to toxic substances caused her breast cancer. The court held that there was ...

Thursday, November 22, 2012

Report: Poor Health Costs Cost U.S. $576 Billion Yearly


The U.S. loses more GDP to poor health than Sweden's total GDP

Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.
The Integrated Benefits Institute (IBI), a nonprofit health and productivity research organization for businesses, recently reported that poor health costs the U.S. economy $576 billion per year. Of this amount:
  • $227 billion is lost due to sick days or reduced productivity due to illness,
  • $232 billion is spent by employers on medical and pharmacy treatments, and
  • $117 billion is spent on workers’ compensation and short- or long-term disability wage replacement.
To give you a sense of the scale of this loss, it is larger than the entire gross domestic product (GDP) of all but the top 20 countries. Our $576 billion loss dues to poor health costs would fall directly behind the GDP of Saudi Arabia (2011 GDP: $577.6 billion) and in front of the Swedes (2011 GDP: $538.2 billion). For comparison, the U.S.'s $15,090 billion GDP was the largest in the world, followed by China at $7,298 billion.
...for every $1 employers invest in improving their employees’ health and wellness they save $3...
Sean Nicholson, Ph.D., quoted in the IBI report, has stated that for every $1 employers invest in improving their employees’ health and wellness they save $3 (quite a good return on their investment!). As wisely pointed out by IBI's President, Thomas Parry, Ph.D., this report puts employers on notice that their investment in workers’ health and wellness will benefit both the workers and their employers.
This report, in addition to  pointing out the dual benefits posed by increased employer investment in their employees' health and wellnes, points out one of the important choices facing our country’s healthcare system.
Source for 2011 GDP information: CIA World Factbook

Read more about Health Costs & Workers' Compensation

Feb 17, 2009
A report issued by NCCI concludes that medical costs in Workers' Compensation were higher in some instances than in Group Health Plans. The main findings were: For comparable injuries, when WC pays higher prices than ...
Nov 15, 2012
A recent study published by NCCI concludes that costs are soaring as medical conditions become more complicated by other conditions known as comorbidity diagnoses. These conditions are frequently: obesity, hypertension, drug abuse, chronic pulmonary conditions and diabetes. ... Federal Government Launches New Workplace Health Program Jun 30, 2011. Other initiatives put forth by the Obama Administration to promote prevention include the President's ...
Jan 29, 2010
Chronic conditions now result in 70% of all deaths and 75% of all health costs. Direct health care costs from cancer alone, in 2008, was $93.2 Billion of the total health care costs in the US that amounted to $304 Billion.
Apr 12, 2010
Defending occupational disease claims has always been an elusive and a costly goal for employers and insurance carriers. Employees also are confronted with obstacles in obtaining timely medical benefits. Occupational ...


Tuesday, November 20, 2012

Five US Airports that Put Employees and Passengers At Risk For Environmental Tobacco Smoke

Secondhand Smoke Is Deadly
Air pollution from secondhand smoke five times higher outside smoking rooms and other designated smoking areas than in smoke-free airports

Average air pollution levels from secondhand smoke directly outside designated smoking areas in airports are five times higher than levels in smoke-free airports, according to a study by the Centers for Disease Control and Prevention. The study conducted in five large hub U.S. airports also showed that air pollution levels inside designated smoking areas were 23 times higher than levels in smoke-free airports. In the study, designated smoking areas in airports included restaurants, bars, and ventilated smoking rooms.

Five of the 29 largest airports in the United States allow smoking in designated areas that are accessible to the public. The airports that allow smoking include Hartsfield-Jackson Atlanta International Airport, Washington Dulles International Airport, McCarran International Airport in Las Vegas, Denver International Airport, and Salt Lake City International Airport. More than 110 million passenger boardings—about 15 percent of all U.S. air travel—occurred at these five airports last year.

"The findings in today’s report further confirm that ventilated smoking rooms and designated smoking areas are not effective," said Tim McAfee, M.D., M.P.H., director of CDC’s Office on Smoking and Health. "Prohibiting smoking in all indoor areas is the only effective way to fully eliminate exposure to secondhand smoke."

2006 Surgeon General’s Report concluded that there is no risk-free level of exposure to secondhand smoke. Although smoking was banned on all U.S. domestic and international commercial airline flights through a series of federal laws adopted from 1987 to 2000, no federal policy requires airports to be smoke-free.

"Instead of going entirely smoke-free, five airports continue to allow smoking in restaurants, bars or ventilated smoking rooms. However, research shows that separating smokers from nonsmokers, cleaning the air and ventilating buildings cannot fully eliminate secondhand smoke exposure," said Brian King, Ph.D., an epidemiologist with CDC’s Office on Smoking and Health and co-author of the report. "People who spend time in, pass by, clean, or work near these rooms are at risk of exposure to secondhand smoke."

Secondhand smoke causes heart disease and lung cancer in nonsmoking adults and is a known cause of sudden infant death syndrome or SIDS, respiratory problems, ear infections, and asthma attacks in infants and children. Even brief exposure to secondhand smoke can trigger acute cardiac events such as heart attack. Cigarette use kills an estimated 443,000 Americans each year, including 46,000 heart disease deaths and 3,400 lung cancer deaths among nonsmokers from exposure to secondhand smoke.

For an online version of this MMWR report, visit http://www.cdc.gov/mmwr.  For quitting assistance, call 1-800-QUIT-NOW (1-800-784-8669) or visit www.smokefree.govExternal Web Site Icon.  Also, visit www.BeTobaccoFree.govExternal Web Site Icon for information on quitting and preventing children from using tobacco. For real stories of people who have quit successfully, visit http://www.cdc.gov/tips. For state-specific tobacco-related data, visit CDC's State Tobacco Activities Tracking and Evaluation System at http://www.cdc.gov/tobacco/statesystem.

Read More About "Secondhand" Environmental Smoke
Apr 23, 2011
"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths ...
Feb 20, 2008
An Atlantic City NJ casino card dealer employed at the Claridge Hotel who was exposed to second hand tobacco smoke was awarded workers' compensation benefits. NJ Judge Cosmo Giovinazzi award $150,00 for lost ...
Nov 14, 2012
"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths .
Oct 06, 2011
Lubick (2011) discussed the global health burden of secondhand smoke, and Burton (2011)emphasized a new and alarming consequence of smoking in indoor environments—“thirdhand smoke”—a term first coined in 2006 ...